ESTERN COALFIELDS LIMITED Vs. RAKHI MONDAL

JUDGEMENT

(1.) This is an application for condonation of delay in filing the appeal. After hearing the learned Advocates appearing for the parties and having considered the averments contained in the application for condonation of delay in filing the appeal, we are satisfied that the appellant was prevented by sufficient cause from presenting the memorandum of appeal in time. The delay in filing the appeal is, therefore, condoned and the application for condonation of delay is allowed.

(2.) Now, we take up the appeal itself for final disposal upon dispensation of all other formalities.

(3.) The intra Court appeal has been preferred as against the judgment and order dated July 2, 2012 passed by a learned Single Judge of this Court in W.P. 19920 (W) of 2009 whereby and whereunder the learned Single Judge directed compassionate appointment to one of the dependents of the deceased Nandalal Mondal. The learned Single Judge directed the authorities of the Eastern Coalfields Limited to give appointment either to the writ petitioner/respondent or to her brother, namely, Gourav Mondal, who was already more than 18 years of age, within two months from the date of communication of the order. The learned Single Judge, also, issued direction for monetary compensation at the rate of Rs. 3,000/- (Rupees three thousand) only per month for the period accruing after two months from the date of death of the deceased till the date of appointment to one of the dependents of the deceased. The learned Single Judge had relied upon the National Coal Wage Agreement-VI in support of his decision.