BHARAT COKING COAL LTD. Vs. MD. ALAM ANSARI

JUDGEMENT

(1.) THIS Letters Patent Appeal has been filed by M/s. Bharat Coking Coal Limited -Management against the order dated 25.8.2005 passed by the learned Single Judge in WP (S) No. 4050 of 2004 allowing the writ petition filed by the respondent and remitting the case to the appellants to consider his case for appointment on compassionate ground taking into consideration the previsions of 'The persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995' (hereinafter referred to as '1995 Act').

(2.) MR . Amit Kumar Sinha, learned Counsel appearing for the appellants submitted that Section 33 of 1995 Act applies to regular appointment and not the appointment to be made as per the provision of National Coal Wage Agreement -VI (hereinafter to be referred to as 'N.C.W.A.'). He further submitted that it is not practicable also to apply Section 33 of 1995 Act in such appointment to be made on compassionate ground. He further submitted that N.C.W.A. has got binding force on the management as well as on the employees. In this regard, he relied on the judgment of the Supreme Court in Mohan Mahto v. Central Coalfields Limited and Ors. (2007) 8 SCC 549. Therefore was wrongly held by the learned Single Judge that N.C.W.A. cannot override 1995 Act.

(3.) WE find force in the submission of learned Counsel for the appellants. Firstly, it appears that Section 33 of 1995 Act applies to regular appointment. Secondly, it appears that in the case of appointment on compassionate ground, it is no practicable to apply the said provision. Moreover, in the case of Mohan Mahto (supra), it has been held that NCWA is binding on the parties in terms of Section 18(3) of the Industrial Disputes Act, 1947.