BAIJU KARMALI Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) ONE Giria Kamin, who was under the employment of M/s. Central Coalfields Limited died in harness on 1.12.1996. Thereupon, the petitioner being eldest son of Giria Kamin applied for his appointment on compassionate ground on 31.8.1998. Thereafter the Personnel Manager, Kuju Siding, Kuju Area, Respondent no.5 asked the petitioner, vide his letter dated 29.5.2001 to submit explanation for delayed submission of the application for his appointment. Pursuant to that, petitioner submitted his explanation stating therein that at the time of death of his mother, he was minor and as such, some delay occurred in filing the application. Thereupon, the Personnel Manager (M.P), Central Coalfields Limited Darbhanga House, respondent no.3, vide his letter no.599 dated 16.3.2002 (Annexure 4/1) rejected the claim of the petitioner for his appointment on compassionate ground, which order was intimated to the petitioner by the Staff Officer (Personnel), respondent no.4, vide his letter dated 14.8.2002 ( Annexure 4).

(2.) IN spite of the circular being issued prescribing the time limit the agreement as contained in sub -clause (iii) of Clause 9.5.0 of National Coal Wage Agreement VI never gets frustrated as settlement within the meaning of sub -section (3) of Section 18 of the Industrial Disputes Act is binding on both the parties and continues to remain in force unless the same is altered, modified and substituted by another settlement. I have already noticed that no period of limitation has been provided in the settlement. It is assumed that the respondents had jurisdiction to issue such circular prescribing a period of limitation for filing application for grant of appointment on compassionate ground but such circular can never be said to be operative in exclusion to the settlement entered into in between the parties as the workman in terms of section 2(s) of the Industrial Disputes Act would have right to be appointed on compassionate ground , subject, of course, to compliance with other conditions. The case of grant of compassionate appointment of a minor was required to be considered in the light of settlement as enunciated under clause (iii) of Clause 9.5.0 of National Coal Wage Agreement VI. The aforesaid proposition of law has been laid down by Honble Supreme Court in case of Mohan Mahato vs. Central Coal Fields Limited and others [(2007) 8 SCC 549] In that view of the matter, the name of the petitioner was to be kept on live roster. He was to remain on the live roster till he attained the age of 18 years but the respondents without performing the duties cast upon them rejected the claim of the petitioner on the ground that the application had been filed after one and half year of the death of his mother. The other ground for rejection as per counter affidavit is that other brother of the petitioner is in employment but under the impugned order it was never the ground and as such it would not be open for the respondent to take such plea.