LAWS(JHAR)-2009-11-57

FULMATI DEVI Vs. BHARAT COKING COAL LTD., DHANBAD

Decided On November 06, 2009
Fulmati Devi Appellant
V/S
Bharat Coking Coal Ltd., Dhanbad Respondents

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) FACTS of the petitioner's case are as follows: '' Petitioner's husband, late Pokhan Mahato, while being in employment under the Respondent -B.C.C.L., working at the Katras Choitudih Colliery, had died inharness on 27.6.2001. On 19.9.2001, that is within less than three months of the date of death of her husband, she submitted her application before the concerned authorities of her husband's employer for giving her employment. Such claim was made on the basis of the terms of Agreement under the National Coal Wage Agreement, which was then prevailing as part of the service conditions of the employees of the B.C.C.L. On the date of her application, she was less than 45 years of age and had stated categorically in her application that she, alongwith her children, were entirely dependant on the earnings of her deceased -husband and she is in need of employment for the sustenance of her family.

(3.) HEARD the learned counsel for the petitioner and learned counsel for the respondents.