KABUTRI DEVI Vs. EASTERN COALFIELDS LTD.

JUDGEMENT

(1.) The present writ petition has been filed, inter alia, praying for a direction upon the respondents to provide employment in favour of the legal heirs of Ramdeo Shaw in terms of the provisions of Clause 9.3.4 of the National Coal Wage Agreement. The widow of Ramdeo Shaw is the petitioner.

(2.) It is her contention that Ramdeo Shaw, was an ex- employee of Khottadih Colliery in Pandaveswar area and was discharging his duties as Boilor Mazdoor since, the date of his appointment in the year 1983. According to the petitioner, Ramdeo Shaw had went missing since 18/12/2003. A missing diary was duly lodged with the Officer-in-Charge of Pandaveswar Police Station under GD Entry No. 1027 dtd. 20/12/2003. The factum of such lodging of the missing diary was also brought to the notice of the Manager, Khottadih Colliery on 19/5/2010.

(3.) Subsequently, at the instance of the petitioner and her minor sons and daughter on the basis of a declaratory suit filed before the Court of the Civil Judge (Junior Division), 1stCourt at Durgapur, a decree dtd. 29/10/2011 was passed thereby, declaring Ramdeo Shaw, the husband of the plaintiff no. 1 and the father of plaintiff nos. 2 to 6 as dead in the eye of law. In the interregnum, however, on 4th/7/2/2008 on the basis of an ex parte enquiry conducted by the respondents in connection with unauthorized absence of said Ramdeo Shaw an order of dismissal was passed. The said order of dismissal, however, does not form the subject matter of challenge in the present writ petition.