DIPALI MITRA Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioners, Dipali Mitra (hereinafter referred to as 'petitioner no.1'), Partha Pratim Baksi (hereinafter referred to as 'petitioner no.2') and Sayani Baksi (hereinafter referred to as 'petitioner no.3') praying for a writ of and/or a writ in the nature of Mandamus seeking compassionate appointment for petitioner no.2 or alternatively, petitioner no.3 after death of the father, late Shibdas Mitra, an ex-employee of Eastern Coalfields Limited, Kunustoria Area, Kolkata (hereinafter referred to as 'ECL'). The petitioners have prayed for a writ of and/or a writ in the nature of Mandamus to command respondent authority to declare Clause 9.3.3 of National Coal Wages Agreement-VI (hereinafter referred to as the 'NCWA-VI') as discriminatory and to mention 'daughter' instead of 'unmarried daughter' in the aforementioned Clause. It has been prayed through a writ of and/or a writ in the nature of Mandamus to set aside the impugned order vide reference no. ECL/LG/HC/KNT/SPL/191 dated February 21, 2018, passed by respondent no.5, that is, the Director (Personnel), Eastern Coalfields Limited (hereinafter referred to as 'Director (Personnel), ECL). Finally, the petitioners have prayed for a writ of and/or a writ in the nature of Mandamus commanding the respondent authorities to provide monetary compensation from the date of death of the father, till the date of appointment of either petitioner no.2 or petitioner no.3, and a compensation to the tune of Rs.12,00,000.00 (Rupees Twelve Lacs only) for delayed employment and harassment suffered.

(2.) I have laid down the factual matrix of the instant case below:

(3.) The counsel for the petitioners has made the following submissions: