SMT. BANDO NONIA Vs. EMPLOYERS IN RELATION TO THE MANAGEMENT OF PUTKI BALIHARI COLLIERY OF BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) Heard the learned counsels for the parties.

(2.) The present writ petition has been filed challenging the Award dated 26.11.2001 passed by Central Government Industrial Tribunal No.2, Dhanbad in Reference No. 21 of 1993 by reasons of which the learned Tribunal answered the reference against the petitioner workman holding inter alia that the management was justified in denying employment to the petitioner on compassionate ground due to death of her father.

(3.) The learned counsel for the petitioner submits that the father of the petitioner namely, Ram Gulam Nonia was permanent employee of M/s Bharat Coking Coal Limited (in short to be referred as "BCCL") and was posted at Putki Colliery as General Mazdoor. The father of the petitioner due to ailment died in harness on 15.09.1988 leaving behind his wife Chetni Bhuini, the petitioner and two sons namely, Bahadur Bhuini and Mahesh Bhuini. It is further submitted that the wife of the deceased employee (mother of the petitioner) was also an employee of BCCL working at Bhagaband Colliery, but she had taken voluntary retirement before the death of the deceased employee. The mother of the petitioner applied for employment declaring herself as the dependant of her deceased husband. However, she did not pursue the said application. Subsequently, the petitioner filed an application for compassionate appointment under Clause 9.4.2 of National Coal Wages Agreement IV (in short to be referred as "NCWAIV") within specified time, but the same was not considered on the ground that an application for compassionate appointment was already made by the mother of the petitioner. The petitioner thereafter raised industrial dispute and the same was referred to the Central Government Industrial Tribunal No.2, Dhanbad under Section 10(1)(d) of the Industrial Disputes Act, 1947. During the industrial adjudication, the mother of the petitioner was examined as W.W.1, whereas one S.K. Chatterjee, Clerk, working in the Personnel Department of Bhagaband Colliery was examined as M.W.1.