KAMLESH MAHTO Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) Heard Sri Ratnesh Kumar, learned Counsel for the petitioner and Sri Ananda Sen, learned Counsel for the respondents.

(2.) The petitioner in this writ application has prayed for an order quashing the letter dated 19.02.2002 (Annexure-8) issued by the Respondent No. 5 whereby the petitioner's prayer for his compassionate appointment under the terms of Clause 9.5.0 (II) and 9.3.2 of N.C.W.A. - V/VI was rejected on the ground of its being time barred.

(3.) The petitioner's case is that his father Late Arjun Mahto was employed in the Saunda Karnapura Colliery of the respondent C.C.L. He died on 16.08.1996. His mother had predeceased his father in the year 1994. The petitioner claims that at the time of his father's death, he was a minor of the age of 15 years, his name ought to have been kept on the live roster by the respondents for the purpose of providing him employment commensurate with his skill and qualification upon his attaining the age of 18 years as per the terms of the National Coal Wage Agreement-VI. The respondent C.C.L. did not enter the petitioner's name in the live roster.