EASTERN COALFIELDS LTD Vs. DILIP SINGH

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 13th December, 2011 passed by the learned Single Judge in W.P. No. 1015 of 2011 whereby the impugned Memo No. ECL/AGENT/KDC/2011/514 dated 30th May/2nd June, 2011 issued by the Deputy CME/AGENT, Kumardhobi Colliery was quashed and the respondent authorities were directed to reexamine the claim of the petitioner in terms of the applicable Coal Wage agreement notwithstanding the fact that the petitioner was an illegitimate son born out of the second marriage of the deceased employee.

(2.) The short compass of facts giving rise to the appeal is that one Mithu Singh, since deceased, was an employee of Eastern Coalfields Ltd. (respondent no. 2), a subsidiary of Coal India Ltd., respondent no. 1 herein. Mithu Singh had married one Debanti Devi during the subsistence of his earlier marriage with Nurmani Devi. The petitioner is the son of the said Mithu Singh born out of the second marriage with Debanti Devi. The fact of second marriage of Mithu Singh was noted in his service record. Mithu Singh died on 06.10.2000 while in service. Upon death of Mithu Singh, the petitioner made an application requesting for compassionate appointment.

(3.) Pursuant to such representation, the petitioner appeared before the Screening Committee and after initial medical examination, his case was forwarded to the Deputy CME/Agent, Kumaradhubi Colliery, Eastern Coalfields Limited, respondent no. 6 herein.