MD ISRAFIL KHAN Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) The petitioner has approached this Hon'ble Court challenging the Award dated 23.06.2008 of the Central Government Industrial Tribunal No.2, Dhanbad in Reference No.286 of 2001 whereby the Tribunal has been pleased to answer the Reference against the workman by holding that the stand of the management of Bararee Colliery of BCCL to deny employment to the petitioner is justified and with a further direction for providing employment to the petitioner in terms of clause 9.3.2. and clause 9.5.0 of N.C.W.A.

(2.) The father of the petitioner late Israil Khan was a permanent employee of M/s BCCL and was posted at Bararee Colliery as a Bill Clerk and died in harness on 02.09.1994. On death of the father of the petitioner, the mother of the petitioner Smt. Kulsum Nisa applied for compassionate appointment in terms of the rules of the respondent company. The respondent-company M/s BCCL issued letter of appointment to the mother of the petitioner on 15.01.1996 and further directed her to appear for Medical Examination. However, on Medical Examination the age of the mother of the petitioner was found to be more than 45 years as such alternatively she was asked to apply for Monetary Compensation. In terms of the directions of the management vide their letter dated 25.07.1996, the mother of the petitioner applied for monetary compensation vide her letter dated 20.08.1996 and further requested the management to keep the name of the petitioner in Live Roster so that he could be appointed in terms with clause 9.5.0 of the NCWA on attaining the age of 18 years.

(3.) It is further case of the petitioner that Chief General Manager ( I & R) BCCL Dhanbad in response to the application dated 20.08.1996 of the mother of the petitioner issued an office order dated 27.02.1997 whereby he ordered that the name of the petitioner would be kept in Live Roster in terms with clause 9.5.0 of NCWA and given suitable employment when he attains majority. In the said letter the CGM (P& IR) further ordered that the mother of the petitioner would receive an amount of Rs.2000/- per month as Monetary Compensation till the petitioner attains the age of 18 years. In the year 2000 when the petitioner attained majority, the mother of the petitioner requested the management to give employment to her son in terms with the letter dated 27.02.1997. However, the Personnel Manager (MP & R) vide his letter dated 1 / 2 .08 .2000 informed the Dy. Manager, Lodma Area that the proposal of employment of the petitioner has been regretted by the competent authority which was informed to the mother of the petitioner vide letter dated 23.09.2000 issued under the signature of Project Officer, Bararee Colliery. The Union raised an Industrial Dispute and by an order dated 30th October, 2001 the matter was referred to the Tribunal for adjudication which is given below: