BIMAL KUMAR BOSE Vs. BHARAT COKING COAL LTD.

JUDGEMENT

(1.) HEARD Mr. R.S. Mazum -dar, learned counsel for the petitioner and Mr.A.K. Mehta, learned counsel for the respondents.

(2.) THE bone of contention in the instant case is that while on the one hand the petitioner asserts that his son -in -law namely Ashis Kumar Chowdhary is entitled to appointment on compassionate considerations, the respondents on the other, dispute the same and submit that he, not being a direct dependant, cannot be granted the said benefit as the Rule i.e. National Coal Wage Agreement specifically envisages that the dependent for purposes of the said Rule would mean the wife/husband as the case may be, or unmarried daughter, son and legally adopted son and only when no such direct dependent is available then it would mean the younger brother, widowed daughter, widowed daughter -in - law and son -in - law residing with the employee and almost wholly dependent on the earning of the employee. Reference may be made to the order dated 28.11.2002.

(3.) FROM the affidavits, so filed, it appears that Ashis Kumar Chowdhary, for whom the employment is sought for, is the husband of Ranjana Choudhary second daughter of the petitioner.