SHRE KARMALI Vs. CENTRAL COAL FIELDS LTD

JUDGEMENT

(1.) Learned Counsel for the petitioner submitted that as per the order, passed by the Payment of Gratuity Authority under the Payment of Gratuity Act 1972, amount of gratuity has already been paid to the petitioner, who is son of the deceased employee i.e. mother of the petitioner and the observations, made in the order passed by the Payment of Gratuity Authority is to the effect that the petitioner is the son of late Dhaneshwari Karmali, Ex. Employee of the respondent Company. This order has been passed on 29th February, 2008 (Annexure 6 to the memo of petition), which has been accepted by the respondents, as no appeal has been preferred by the respondents. Now when the petitioner applied for compassionate appointment because of the death of his mother, who was an employee of the respondent-Company, the application of the petitioner has been rejected on the ground that the petitioner is not the "genuine dependent" of late Dhaneshwari Karmali. This order has been passed by Senior Personnel Officer, Rajrappa Area, Central Coal Fields Ltd., Ramgarh, dated 1st February, 2006, which is at Annexure 3 to the memo of petitioner, which is under challenge in this writ petition.

(2.) Learned Counsel for the respondents submitted that looking to the facts and circumstances of the case the Senior Personnel officer of the respondent-Company has passed the impugned order holding therein, that the petitioner is not a "genuine dependent" of late Dhaneshwari Karmali and no evidence has been placed by the petitioner before the respondent authorities to that effect and; therefore, the impugned order has been passed on 1st February, 2006.

(3.) Having heard learned Counsel for both the sides and looking to the facts and circumstances of the case, I hereby quash and set aside the impugned order dated 1st February, 2006, passed by the Senior Personnel Officer, Rajrappa Area, Central Coal Fields Ltd., Ramgarh (Annexure 3 to the memo of petition), mainly for the following facts and reasons: