LAWS(JHAR)-2016-10-80

RAM SWAROOP MANJHI, SON OF SANICHAR MANJHI, RESIDENT OF Vs. BHARAT COKING COAL LIMITED THROUGH ITS CHAIRMAN

Decided On October 28, 2016
Ram Swaroop Manjhi, son of Sanichar Manjhi, Resident of Appellant
V/S
Bharat Coking Coal Limited Through Its Chairman Respondents

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner has filed the instant writ petition praying interalia for a direction commanding upon the respondents to take final decision in terms of minutes of the meeting dated 18.12.2013 in the matter of appointment on compassionate ground on account of death of his mother-in-law in harness.

(3.) The factual exposition as has been delineated in the writ application is that mother-in-law of the petitioner was a permanent employee of respondent - M/s. BCCL and was working as Shale Picker, who died in harness on 10.08.2005 leaving behind her husband, married daughter Basanti and the petitioner (soninlaw). After her death no other dependent was available for being appointed and the petitioner being qualified in terms of Clause 9.3.3 of the NCWA, filed application for his appointment on compassionate ground enclosing therewith requisite certificates. The respondents also prepared a check list wherein all the details of the petitioner was mentioned including his date of birth as 15.06.1977. Thereafter petitioner was asked to appear before the Medical Board on 18.06.2008 where he was examined and declared fit for employment. However, contrary to the School Leaving Certificate and other documents, the Medical Board assessed his age as 35 to 40 years as on 18.06.2008. Thereafter, the matter was taken up by the Trade Union before the respondents - Management about the illegality committed by the Medical Board of the Management to reconsider the matter. However, claim of the petitioner was again regretted on the ground that the petitioner is indirect dependent of ex-employee and direct dependent i.e. husband of the deceased employee was alive on that date, as is evident from the letter dated 11.10.2010 and case of the petitioner was again rejected on a wrong notion. Petitioner again represented before the General Manager (P), BCCL for consideration of his case for appointment on compassionate ground but no order is being passed.