Sufficient grounds have been made out as to why the petitioner was not represented on January 14, 2015 when W.P. 27699 (W) of 2014 was dismissed for default.

2. The order dated January 14, 2015 is recalled and W.P. 27699 (W) of 2014 is restored to the file.

3. The restoration application, C.A.N. 813 of 2015, is allowed as above without any order as to costs.

4. Since the parties are represented and affidavits have been completed, the petition is taken up for immediate consideration.

5. At first blush, the case made out by the petitioner appears to be so convincing that it leaves no room to accommodate any contrary view. Indeed, by the order dated September 25, 2014 by which the petition was received, it was recorded that, prima facie, the petitioner being denied the benefits under the National Coal Wage Agreement-VI only on the ground of her being the unmarried sister of a deceased coal miner was “irrational and illogical”.

6. However, a closer scrutiny of the matter may require a different view to be taken.

7. The undisputed facts are that one Somenath Mondal, a miner employed by Eastern Coalfields Limited, died on June 3, 2012 while he was still in service and, as per the sai