BHARAT COKING COAL LIMITED DHANBAD Vs. SAVITRI BHUIAN

JUDGEMENT

(1.) THIS appeal has been preferred by the Management of M/s Bharat Coking Coal Limited against the order dated 12.12.2007 passed by the learned Single Judge in W.P,(S) No. 2626 of 2007 by which the writ petition was allowed and the order dated 13.3.2007 which was under challenge before the learned Single Judge was set aside and the matter was remitted back to the respondent -M/s Bharat Coking Coal Limited, appellant herein to reconsider the claim of the petitioner/respondent herein for fresh appointment on compassionate ground.

(2.) TO explain the position, it may be relevant to state that the deceased -husband of the respondent, Savitri Bhuian, during his lifetime had filed a writ petition being W.P.(S) No. 246 of 2005 challenging the order of his dismissal from the service of the appellant -M/s Bharat Coking Coal Limited (B.C.C.L. in short) but during pendency of the said writ petition, the matter was settled in the "Lok Adalat" and the appellant -B.C.C.L. had agreed to reinstate the deceased -husband of the respondent and the respondent's husband had agreed not to claim back wages. Unfortunately, the husband of the respondent expired and could not avail the benefit of the order of reinstatement which was settled in the "Lok Adalat".

(3.) SINCE appointment was denied to the wife of the deceased -respondent herein, she was compelled to file a fresh writ petition being W.P. (S) No. 2626 of 2007 wherein it was contended on her behalf that she was entitled to compassionate appointment in place of her deceased -husband as he had already succeeded in securing an order of reinstatement. The learned Single Judge was pleased to allow and dispose of the writ petition holding therein that the deceased husband of the respondent will have to be treated in service as the order of his reinstatement had already been passed in the "Lok Adalat". However, the reamed Single Judge remitted the matter to the Management of the appellant -B.C.C.L. with a direction to reconsider the denial of appointment to the wife of the deceased -respondent herein within a period of eight weeks from the date of receipt/production of a copy of that order. The appellant -Management, instead of considering the matter as directed by the learned Single Judge, has filed this appeal, assailing the order passed by the learned Single Judge.