SURESH MODI Vs. BHARAT COKING COAL LTD.

JUDGEMENT

(1.) IN this Writ Application, the Petitioner claims that he is entitled to be appointed under Mis. Bharat Coking Coal Limited and accordingly prays for a Writ of Mandamus commanding upon the Respondents and particularly the Chief General Manager, Katras Area to provide employment to him. The Petitioner further prays for a Writ of Mandamus commanding upon the Respondents to pay compensation to the Petitioner for the death of his son who died in a road accident.

(2.) THE facts of this case are that the son of the Petitioner, namely, Awadhesh Kumar Modi met with an accident by a dumper belonging to the Ram Kanali Colliery of Angarpatra under M/s. Bharat Coking Coal Limited. The further case of the Petitioner is that he died on the spot where after there was an uproar amongst the villagers and a demand, was made for compensation and employment to the father of the deceased boy, but upon intervention of a political leader, the situation was brought under control. An FIR was lodged in relation to the accident vide Katras (Angarpatra) P.S. Case No. 325 of 1995 (Annexure 1). A death certificate was issued by the Assistant Sub Inspector of Angarpatra Police Station vide Annexure 2. The Petitioner has also brought on record a photocopy of the Postmortem Report vide Annexure 3.

(3.) INSPITE of the aforementioned assurance given by the Chief General Manager on 18.9.1995 vide Annexure 4, the Petitioner has made a grievance that till today no action has been taken although a number of representations (Annexure 5) have been sent.