BABY KUMARI Vs. BHARAT COKING COAL LTD.

JUDGEMENT

(1.) Petitioner has approached this Court under Article 226 of the Constitution of India assailing the order dated 5.9.2009 whereby the application of the petitioner seeking compassionate appointment has been rejected.

(2.) BRIEF facts of the present Case, inter alia, are that the petitioner's father late Ram Sanehi Beldar was working as Dumper Operator, who died in harness on 11.7.2000 leaving behind a daughter -the petitioner Undisputedly the mother of the' petitioner had also died on 11.5.1999. Undisputedly the petitioner had made an application before the respondent No.3 on 27.11.2000 for her compassionate appointment which could not be taken up due to the fact that petitioner was minor as on date of application. Again the' petitioner made a fresh application on 28.10.2004 after attaining majority as per the provision of the National Coal Wages Act No. VI, which was rejected by the respondent on 27.12.2004 in terms of Circular dated 25/26 -11.2004 by saying that her application for dependent employment was made after eighteen months from the date of the death of the employee which cannot be entertained. Aggrieved by the order of rejection the petitioner moved before this Court in W. P. (5) No. 1711/2005 wherein the rejection order dated 27.12.2004 was quashed. vide judgment dated 22.7.2009 with the direction to the respondents to consider the representation of the petitioner afresh within two months by passing a reasoned and speaking order.

(3.) I have heard Mr. S.K. Laik, learned counsel for the petitioner and Mr. Anoop Kr. Mehta learned counsel for the respondents and have carefully perused the records.