BAMRI PAHARIN Vs. EASTERN COALFIELDS LTD. AND ORS.

JUDGEMENT

(1.) Appellant's plea for compassionate appointment has been rejected by the Eastern Coalfields Limited, the employer of the deceased husband of the appellant primarily on the ground that she could not demonstrate that she was legally married wife of the deceased at the time of the latter's death. The appellant claimed that she is covered by the customary laws, being 'Paharin law' and the provision of the Hindu Marriage Act is not applicable in her case. Learned First Court dismissed the writ petition holding:-

(2.) The appellant contends that she has been paid all the retiral benefits and now it not open to the ECL to deny her the status of legally married wife during the lifetime of the deceased employee. So far as compassionate appointment in the Public Sector Coal Companies are concerned, that is guided by the National Coal Wage Agreement (NCWA).

(3.) Stand of ECL before us is that retiral benefits of the deceased employee was paid to the appellant by mistake and for that purpose inquiry is going on. Obviously, such inquiry would require determination of the status of the appellant, unless of course, the matter is further taken to a court of competent jurisdiction. Claim of compassionate appointment of the appellant is also staked on the same basis.