EMPLOYERS IN RELATION TO THE MANAGEMENT OF SUDAMDIH AREA OF M/S BHARAT COKING COAL LIMITED THROUGH SRI TARASIS MONDAL, DY. CHIEF MINING ENGINEER / PROJECT OFFICER, SUDAMDIH SHAFT MINE, DHANBAD Vs. VICE PRESIDENT, NATIONAL COAL WORKERS CONGRESS, PROFESSOR COLONY, HIRAPUR, DHANBAD

JUDGEMENT

(1.) Heard counsel for the parties and with their consent, this writ application is disposed of at the stage of admission.

(2.) The petitioner has prayed for quashing the Award dated 22.12.2003 passed by the Central Government Industrial Tribunal No. 2, Dhanbad, whereby while answering the reference in favour of the workman, the Tribunal has held that the demand of the Union made in 1993 for employment of Smt. Manomati Majhain, dependant daughter of late B. Shambhu Manjhi who died in 1983, is justified.

(3.) Counsel for the petitioner assails the impugned Award on the ground that the findings recorded therein, is totally misconceived and against the principle of law. The Tribunal has not considered the fact that the prayer for compassionate appointment has been filed at the belated stage after more than ten years of the date of death of the deceased employee. Shri A.K. Mehta, learned counsel for the petitioner, would explain that admittedly, on the date of death of the deceased employee in the year 1983, there was no scheme under which compassionate appointment could have been given to the minor dependant of the deceased employee. Much later in the year 1991, in the National Coal Wage Agreement, a provision was introduced to enable compassionate appointment to the minor dependants of the deceased employee by keeping their name in the live roaster of the Company till they gain age of majority. However, this privilege was not extended to the minor daughters of the deceased employee, though an alternative benefit was assured to the unmarried daughter and, widow of the deceased employee for payment of monetary compensation. It is further explained that the workman's claim for payment of monetary compensation is also not tenable in view of the fact that no such benefit under any scheme was available to her on the date of death of the deceased workman. It is further explained that nevertheless, a sum of Rs. 15,000/-has been paid to the concerned workman in the account of her deceased father under Life Cover Scheme.