CENTRAL COALFIELDS LIMITED Vs. HEMANTI DEVI

JUDGEMENT

(1.) The appellant before us, Central Coalfields Limited, has questioned the legality of the decision of the learned First Court directing them to consider and take a fresh decision in respect of the plea of the writ petitioner for compassionate appointment. The writ petitioner is married daughter of a deceased employee of the appellant who died in harness. It is brought to our notice by the learned counsel for the writ petitioner that her client is the only child of the deceased employee. Her plea for compassionate appointment was turned down by the appellant on the ground that she was married and hence was dependent on her husband. This factor, according to the appellant, makes her ineligible for getting the benefit of the provisions relating to compassionate appointment. The learned First Court held:

(2.) The appellant relies on clause 9.3.0 of the National Coal Wages Agreement-VI which deals with employment of dependents from the death in harness category. This provision stipulates:

(3.) Learned counsel of the C.C.L submits that from the aforesaid clause, the married daughter is excluded from the categories of relatives who may be granted appointment on compassionate ground.