RAJU TURI Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) Heard counsel for the parties. The father of the petitioner is said to have died on 27.1.2011 in harness as Dumper Operator Category-I in Giddi-'C' Colliery of Central Coalfields Limited. His mother made an application on 27.7.2011 vide Annexure-2 for compassionate appointment of the petitioner on account of death of his father in harness. Vide Annexure 3 dated 5.8.2011, Manager Personnel, Giddi-'C Colliery informed the mother of the petitioner that the service excerpts prepared by the respondents and kept in their office as on 8.6.1986 does not show the name of the petitioner as the dependent-son of the deceased employee. However, this was responded to by the mother of the petitioner vide Annexure-5 which enclosed the mark sheet statement of the petitioner issued by the Jharkhand Academic Council showing his date of birth as 3.5.1992 and name of the deceased employee, Baldew Turi as his father. She also stated that after 1986 four children were born to her out of the wedlock with the deceased employee-Baldew Turi and the petitioner, being eldest son aged 19 years is fit for consideration for such appointment. The other annexures enclosed with said application are Voter Identity Card issued by the Election Commission of India showing his age as 19 years and father name as Baldew Turi, the Ration Card issued by the office of he Licensing Authority, Caste Certificate issued by the B.D.O. of Churchu Block, the income certificate dated 28.5.2007 also issued by the B.D.O. of Churchu Block, Voter list and the certificate issued in respect of members of the family of his mother dated 23.8.2011. These documents, however are not being taken into consideration by the respondents in the matter of claim for compassionate appointment of the petitioner.

(2.) Respondents, in their counter affidavit have harped upon the same stand taken in Annexure-3 by the Manager, Personnel, Giddi-'C' Colliery which is also annexed as Annexure-C to the counter affidavit. They have also raised issue that the matter relates to industrial dispute which are amenable to the Forum created under the Industrial Dispute Act, 1947. On these grounds the case of the petitioner has not been considered.

(3.) Having heard counsel for the parties, it therefore appears that the case of the petitioner for compassionate appointment on account of death of his father, Baldew Turi, Dumper Operator Category-I in Giddi-'C' Colliery of Central Coalfields Limited has not been considered simply on the ground that the service excerpts prepared on 8.6.1986 does not bear the name of the petitioner though name of family members including 3 daughters are shown there. The mother of the petitioner has after the communication dated 5.8.2011 responded by enclosing all such relevant materials and certificates showing that since 1986 she gave birth to four children and petitioner being one of them aged 19 years. Other certificates are also annexed which have material bearing upon the decision relating to the appointment of the petitioner on the death of Baldew Turi. Therefore, the respondents are not justified in over looking the documents and materials enclosed by the mother of the petitioner for the purpose of compassionate appointment of the petitioner.