LAWS(JHAR)-2010-1-297

DASU RAVIDAS Vs. BHARAT COKING COAL LTD ,

Decided On January 21, 2010
DASU RAVIDAS Appellant
V/S
BHARAT COKING COAL LTD , Respondents

JUDGEMENT

(1.) Heard the learned counsel for the parties and with their consent this case is being heard for disposal at the stage of admission.

(2.) The petitioner, in this writ application, has prayed for a direction upon the Respondents to grant him compassionate appointment as per the provisions of Clause 9.3.2 of N.C.W.A. V on the basis of his father's service under the Respondents. A further prayer has been made for directing the Respondents to pay the balance of the retiral benefits of the petitioner's deceased father alongwith interest.

(3.) Upon hearing the rival submissions, the controversy appears to involve disputed question of facts as to whether the petitioner's claim of his being the son of the deceased-employee, namely, late Khiru Das should be accepted by the Respondents or not. The controversy arises on account of the denial of the Respondents to acknowledge the petitioner being the son of the deceased-employee on the ground that in none of the service records of the deceased-employee, does the name of the petitioner transpire.