KHORO MANJHI Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) PETITIONER in this writ application prays for a direction for quashing the order dated 11.9.2002, passed by the appropriate Government, whereby it had refused to refer the dispute of the petitioner for adjudication on the ground of delay of 15 years in raising the dispute.

(2.) LEARNED Counsel for the petitioner submits that the essential prayer of the petitioner was for his compassionate appointment under the respondent No. 2 on the ground that the petitioner's brother, namely, Dailu Manjhi son of late Binwal Manjhi was an employee of K.S.P. (Ph -II) of C.C.L., Posted at Bokaro Thermal within the district of Bokaro, who died in harness on 1.9.1990. It is further submitted that at the time of his brother's death, the petitioner was a minor and, therefore, be could not apply for his compassionate appointment in terms of the Scheme of the employer on the ground of his brother's service and after gaining the age of majority in the year 1990, the petitioner had immediately filed his application before the concerned authorities but on finding no response thereto, the petitioner had sought to raise an industrial dispute and had applied, therefore, to the appropriate Government but by the impugned order dated 11.9.2002, the appropriate Government had refused to refer the dispute for adjudication merely on the ground of delay of 15 years In raising the dispute.

(3.) NO counter affidavit has been filed on behalf of the respondents in this case.