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2007(6) Supreme 525
Supreme Court of india
(From Jharkhand High Court)
S.B. Sinha & Harjit Singh Bedi, JJ.
Mohan Mahto — Petitioner
versus
M/s. Central Coal Field Ltd. & Ors. — Respondents
Appeal (civil) 4339 of 2007
[Arising out of SLP (Civil) No. 13935 of 2006]
Decided on : 18-09-2007
(2005) 7 SCC 206 – Distinguished.
(b)Constitution of India – Article 16(1) – Grant of appointment on compassionate ground is an exception to Article 16(1) of the Constitution of India.(Para 13)
2007 (6) SCALE 370; 2007 (2) SCALE 525 – Relied upon.
(c)Service Law – Compassionate appointment – The period of six months’ limitation prescribed in the circular letter dated 12.12.1995 was neither statutory nor imperative in character – Respondent not taking stand on limitation. (Para 15)
(d)Service Law – Compassionate appointment – Settlement N.C.W.A.V. – The case for grant of compassionate appointment of a minor was required to be considered in terms of Sub-clause (iii) of Clause 9.5.0 of the N.C.W.A.V. in terms whereof the name of the appellant was to be kept on a live roster till he attained the age of 18 years. (Para 16)
(2007) 4 SCC 778 – Relied upon.
(e)Constitution of India,1950-Article 12-Instead of discharging its duty under the settlement, the respondent taking the unholy stand of employment of the applicant’s brother – Public sector undertakings being a ‘State’ within the meaning of Article 12, are expected not only to act fairly but also reasonably and bona fide – Instantly, action of the respondent neither fair, nor reasonable nor bona fide – High Court order being not sustainable, set aside. (Para 16)
(1994) 4 SCC 138 – Relied upon.
Facts of the case:
Appellant’s father Rameshwar Mahto was employed as a Fitter, Category IV, in a coal mine belonging to the respondent known as Kuju Colliery. He died in harness on 23.02.1997. The terms and conditions of the service of the workmen working in coal mines are inter alia governed by a ‘Settlement’ known as National Coal Wage Agreement (N.C.W.A.) V. Indisputably, the said settlement, in terms of Sub-section (3) of Section 18 of the Industrial Disputes Act, 1947 is binding on the parties. Clause 9.3.2 of N.C.W.A. V refers to appointment of dependants of the deceased employees working in the coal mines.
Appellant filed an application for appointment on compassionate ground on 25.10.1997. The same was denied to him inter alia on the premise that he was a minor at the relevant time. He filed an application in prescribed form upon attaining majority on 26.09.1999 which was rejected by an order dated 3.08.2000.
A writ petition was filed by the appellant before the High Court of Jharkhand, Ranchi which was marked as WPS No. 471 of 2003 questioning the order declining him the grant of appointment on compassionate ground by the respondent. A learned Single Judge of the High Court allowed the writ petition.
An intra-court appeal was preferred thereagainst by the respondent herein which by reason of the impugned judgment was allowed by a Division Bench.
Findings of the Court:
Appellant was wrongly denied compassionate appointment.
Result: Appeal allowed.
judgment
S.B. SINHA, J. —
1. Leave granted.
2.Appellant’s father Rameshwar Mahto was employed as a Fitter, Category IV, in a coal mine belonging to the respondent known as Kuju Colliery. He died in harness on 23.02.1997. The terms and conditions of the service of the workmen working in coal mines are inter alia governed by a ‘Settlement’ known as National Coal Wage Agreement (N.C.W.A.) V. Indisputably, the said settlement, in terms of Sub-section (3) of Section 18 of the Industrial Disputes Act, 1947 is binding on the parties. Clause 9.3.2 of N.C.W.A. V refers to appointment of dependants of the deceased employees working in the coal mines; sub-clause (iii) of Clause 9.5.0 whereof reads as under:
“(iii) In case of death either in mine accident or for other reasons or medical unfitness under clause 9.4.0, if no employment has been offered and the male dependent of the concerned worker is 15 years and above in age he will be kept on a live roster and would be provided employment commensurate with his skill and qualifications when he attains the age of 18 years. During the period the male dependant is on live roster, the female dependant will be paid monetary compensation as per rates at paras (I) and (ii) above.”
3. Appellant filed an application for appointment on compassionate ground on 25.10.1997. The same was denied to him inter alia on the premise that he was a minor at the relevant time. He filed an application in prescribed form upon attaining majority on 26.09.1999 which was rejected by an order dated 3.08.2000 stating:
“With reference to the letter No. GM(K)/PD-9.3.2/2000/749 dated Nil of Staff Officer (P), Kuju Area this is to inform you that the proposal has not been agreed by the competent authority since the dependent was not eligible for employment as he was under age and also his name was not kept in live roaster. Also there was considerable delay in applying for employment by the dependent.”
4. Respondent purported to have issued a circular letter on 12.12.1995 providing for six months’ limitation for filing such an application for appointment on compassionate ground from the date of death of the concerned employees in the following terms:
“It has been observed from the details of the statements prepared and submitted by the Area for Placement Interview under para 9.4.2 of NCWA-IV, that cases pertaining to the period beyond 6 months are also entertained without any reasoning. Considering this situation also in order to streamline the activities of the manpower and to have effective control over it, it has been decided that the cases falling beyond 6 months from the date of death of the concerned employees, the dependent of the deceased employees will not be entertained, unless express permission is given by Hqtrs. after thorough scrutiny of the case. Now as action will be taken against those who fail to complete the work within stipulated time.
Therefore, all the Staff Officers (Pers.) should discuss this matter with the Personnel Executives of the Unit/Establishments and advise them accordingly.”
5. It was replaced by another circular letter issued in the year 2000 stating:
“It has been observed from the case files received from areas for appointment of dependants of ex-employees under para 9.3.2 of NCWA V/VI that the cases pertaining to the period beyond six months are also entertained and sent without any reasoning. Therefore, vide circular No. PD/MP/9.4.2/95/1151 dated 12.12.95 all areas were advised that the cases falling beyond six months from the date of death of the concerned employee will not be entertained unless express permission is given by Hqtrs. after thorough scrutiny of the case.
Now in view of the persistent demands of unions relaxation was granted for one year from Feb. 2000 which was subsequently discussed and reviewed in the meeting held with unions at Corporate Level. It was decided that henceforth application submitted under clause 9.3.2. within one year after demise of an employee will not be treated
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