Pratap Kumar Ray, JJ.

( 1 ) IN this writ application the impugned order dated 12th June, 2002 issued by Personal Manager (Employment) of Eastern Coalfields Limited, Sanctoria, p. 0. Disergarh, Dist. Burdwan as addressed to the Secretary of Koyala Mazdoor congress, Sanctoria No. 9 Colliery is under challenge. By the said impugned order annexed at page 30 of the writ application the appointment of petitioner no. 2, Smt. Hamida Khatoon, daughter of petitioner No. 1 under the Social security Scheme in terms of provision of National Coal Wage Agreement-V providing job to the dependent of an employee who has been declared as physically unfit to work was rejected only on the ground that the petitioner No. 2 was the divorcee daughter and hence was not attracted under the clause of the said agreement for consideration of her case. The factual matrix of applicability of Social Security Scheme under the National Coal Wage Agreement-V and the fact that the petitioner No. 1 due to medically unfit to work accrued right to pray for job of a dependant, are not under challenge but those are admitted and undisputed.

( 2 ) ONLY consideration accordingly arise in this writ application as to whether t

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