EASTERN COALFIELD LTD Vs. NIRANJAN CHATTERJEE

JUDGEMENT

(1.) THE subject-matters of challenge in this writ application are the order dated December 24, 1990 passed by the respondent No. 3 referring a dispute for adjudication to the Central Government Industrial Tribunal-cum-Labour Courtm, Asansol and the award dated December 21, 2004 passed in Reference No. 5 of 1999 by the Central Government Industrial tribunal-cum-Labour Court Asansol,

(2.) THE petitioner is a Government Company within the meaning of companies Act, 1956. By reason of enactment of Coal Mines (Nationalization) Act, 1973, the right, title and interest of the petitioner-company, being a Colliery, vested in the Central Government. According to the petitioner-company the respondent No. 1 was a permanent employee under the petitioner-company and he was posted at Kumardihi "a" Colliery in the capacity of clerk. The date of retirement of the respondent No. 1 from the services of the petitioner-company on attaining the age of retirement on superannuation was April 8, 2002. An application was filed by the petitioner for assessment of his physical fitness under the provisions of N. C. W. A. IV (V ). On the basis of such assessment the above services of the petitioner was terminated on and from March 8, 1994.

(3.) A son of the respondent No. 1, namely Shri Jayanta Kumar chatterjee applied for compassionate appointment under the petitioner company in accordance with the provisions of Clause 9. 4. 3 of N. C. W. A. IV. for premature termination of the services of his father.