(1.) HEARD learned counsel for the parties.
(2.) THE appellants are aggrieved against the order of learned Single Judge dated 30.01.2008 passed in W.P.(S) No. 5648 of 2006 by which the petitioners' writ petition has been dismissed.
(3.) LEARNED counsel for the appellants Shri Ratnesh Kumar, submitted that N.C.W.A. contains Chapter -IX wherein it is specifically provided that if employee's son is of the age of 12 years or above, then his name will be kept on live roster and he would be provided employment upon attaining the age of 18 years. The appellant no.1 was of the age of 03 years as on 1.4.1987 as per the record of the respondent -Company itself. The appellant no.1 was of the age of 14 years 05 months on 13.9.1998 i.e., at the time of death of his father. The appellant no.1 became major in the month of April, 2002 and submitted an application for compassionate appointment on 20.6.2002, therefore, the petitioner, after attaining the age of majority and after removal of his disability, submitted the application for compassionate appointment which cannot be said to be the application filed belatedly. It is also submitted that till the appellant no.1 could have been given compassionate appointment, her mother i.e. appellant no.2 was entitled to monetary compensation under Clause 9.5.0. It is submitted, therefore, that learned Single Judge has committed error of law in holding that petitioners' application was belated.