BIMAL KUMAR BOSE Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) THE writ application, which is directed against the decision of the Chairman -cum -Managing Director, Bharat Coking CLimited, as contained in his reasoned order dated 17/24th May, 2003 was referred to a Division Bench by one of us (Justice S.J. Mukhopadhaya) by order dated 23rd February, 2005.

(2.) IN the writ application, the writ petitioner has contended that the reasoning contained in the aforesaid order of the Chairman -cum -Managing Director in rejecting his prayer for providing an appointment to his son -in -law, Sri Ashish Kumar Chowdhary as per National Coal Wage Agreement -V (NCWA) was unlawful and having regard to the specific provisions of paragraph 9.4.0 of the said agreement, such employment ought to have been given to Sri Ashish Kumar Chowdhary.

(3.) OPPOSING the writ application, Mr. Sen contended that from the tenor of the agreement and the provision thereof, it would be evident that the employment contemplated under the NCWA were, in fact, in compassionate circumstances and that provision related not only to an appointment on account of death of a workman, but also on account of disablement which would amount to loss of employment. Mr. Sen also urged that the situation contemplated in the agreement was for the purpose of providing immediate financial assistance to the family of the deceased or the disabled and once it is established that the family of the workman concerned had other means of financial support, the provision for appointment on compassionate ground as envisaged under the agreement would no longer be attracted.