BIHAR COLLIERY KAMGAR UNION, A REGISTERED TRADE UN Vs. EMPLOYER IN RELATION TO MANAGEMENT OF BHAWRA AREA

JUDGEMENT

(1.) When the matter is called out, learned counsel for the appellant is absent.

(2.) We have heard learned counsel for the respondent at length, who has submitted that there cannot be any rule, permitting, as a matter of right, the legal heir of a retired employee to get employment in a Public Sector Undertaking and hence, the reference being Reference No. 04 of 1992, which was made to the Central Government Industrial Tribunal (No. 2), Dhanbad, was itself not tenable in the eyes of law, specially in view of Article 13(2) and Part III of the Constitution of India to be read with the judgment, rendered by Hon'ble Supreme Court of India in the case of Yogender Pal Singh & ors. Vs. Union of India & ors., 1987 AIR(SC) 1015, (paragraph nos. 16 and 17 thereof). This aspect of the matter has been properly appreciated by the learned Single Judge, while allowing the writ petition, preferred by the respondent, being W.P. (L) No. 2412 of 2002. It is also submitted by the learned counsel for the respondent that if such type of right of inheritance, in a public employment is given, there will be a direct violation of Article 14 and 16 of the Constitution of India. It is further submitted that for appointment to a public post, advertisement is must and the public at large must be given an opportunity to compete with each other to get public employment and hence, this Letters Patent Appeal may not be entertained by this Court.

(3.) Having heard learned counsel for the respondent and looking to the facts and circumstances of the case, it appears that one employee Sri N.K. Banerjee, who was working as Over-man with the respondent- BCCL, retired on 7th June, 1986. His son is claiming employment against Class IV post, because of the scheme floated by the respondent and as per Clause 9.4.4. of National Coal Wage Agreement-III, prevalent at the relevant time, which provides for employment as a matter of right due to inheritance.