LAKHAN KUMAR Vs. CENTRAL COAL FIELDS LTD

JUDGEMENT

(1.) JUDGEMENT 1. Having considered the submissions made on behalf of the respective parties, we are satisfied that sufficient ground has been made out for condoning the delay in filing the appeal. Accordingly the delay is condoned and the appeal is taken up for consideration today itself.

(2.) THE father of the appellant writ petitioner is said to have been appointed as security guard under the Central Coalfields Limited in the year 1984. He died in harness on 23rd November, 1997 and it may be relevant to indicate that his mother, Bachni Devi, died prior to his father on 17th August, 1997. A death certificate in that behalf has been annexed as Annexure -3 to the memorandum of appeal.

(3.) AGGRIEVED by the order of the learned Single Judge, the appellant writ petitioner preferred the instant appeal and it has been mainly contended by Mr. Ajay Kumar Singh, appearing in support of the appeal that the provisions of the National Coal Wage Agreement (NCWA) -VI which became effective from 1st July, 1996 was operative at the relevant time when the father of the appellant died. In the facts and circumstances of the instant case, the learned Single Judge, however, dismissed the writ petition. Mr. Singh very strongly urged that the case of the writ petitioner appellant was different from that of the decision in WP (S) 6589 of 2002, since at the time of the death of his father he was minor and paragraph 9.5.0 of the NCWA VI would have application in his case whereas in the said decision what fell for consideration was the general provision under paragraph 9.3.2 of the NCWAs. IV and V.