EMPLOYERS IN RELATION TO THE MANAGEMENT OF SIJUA AREA OF M/S. BHARAT COKING COAL LIMITED, DHANBAD Vs. THEIR WORKMAN BEING REPRESENTED BY THE BRANCH SECRETARY, RASHTRIYA COLLIERY MAZDOOR SANGH (RCMS), DHANBAD

JUDGEMENT

(1.) By Court.--The delay in filing the appeal is hereby condoned. Accordingly. I.A. No. 4267 of 2010 stands disposed of

(2.) Heard the learned counsel for the parties on the merits of the case.

(3.) The petitioner-respondent claimed compassionate appointment due to the death of his mother, who died on 6th March, 1992. The respondent-petitioner submitted application for compassionate appointment, which was duly considered and accepted vide order dated 9th March, 1995 and that was made subject to the medical examination. In the medical examination, the applicant/respondent was found to be aged 16 years and merely on this ground, the appointment was denied to the respondent-petitioner. The respondent-petitioner then after becoming major, submitted application on 5th May, 1997 and that was rejected in the year 1998. The Union raised the dispute on behalf of the respondent and the matter was referred to the Central Industrial Tribunal, who by order dated 7th March, 2005 answered the dispute in favour of the respondent-applicant and held that rejection of the claim of the respondent by the appellant was illegal and therefore, the respondent be given appointment on compassionate ground. The award of the Labour Court dated 7th Mach, 2005 was challenged by the management by preferring a writ petition vide W.P. (L) No. 5404 of 2005, which was also dismissed vide order dated 29.9.2010. Hence this L.P.A.