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TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
Steel Authority of India Ltd. – Appellant
Versus
Abha Ghosh – Respondent
JUDGMENT :
Tapabrata Chakraborty, J.
1. The present writ petition has been preferred by Steel Authority of India (in short, SAIL) and its functionaries challenging an order dated 11.04.2018 passed by the learned Tribunal in the original application (hereinafter referred to as OA), being OA 612 of 2016 and the order dated 19.11.2018 passed in the review application being RA 15 of 2018.
2. The issue which arises for consideration is as to whether the death in harness of an employee of Durgapur Steel Plant (in short, DSP), a unit of SAIL, suffering from a debilitating disease, would be treated as death on medical invalidation or natural death in view of the provisions contained in the circulars being Sl. No. 02/2012 dated 31.01.2012 and Sl. No. 29/2012 dated 10.05.2012 before being certified as medically invalid by the competent medical board.
3. For adjudication of the lis, the following dates would be necessary:
| a) | 31.01.2012 | Circular containing guidelines and procedure for dealing with compassionate cases; |
| b) | 10.05.2012 | Circular detailing procedure for implementation of the guidelines; |
| c) | 09.08.2015 | Khagendranath Ghosh (in short, Khagendra) was ad |
Compassionate employment claims should not be denied solely due to the absence of medical invalidation certification if the employee was suffering from a debilitating disease.
The main legal point established in the judgment is the significance of immediate consideration for Medical Invalidation in cases of Compassionate Appointment, and the obligation of the Authority to ....
Compassionate appointments are contingent upon the issuance of a medical invalidation certificate, and undertakings provided under employment benefit schemes are binding and cannot be disregarded.
The main legal point established in the judgment is that the entitlement to seek compassionate employment is subject to the prevailing scheme at the time of application, and having received substanti....
Compassionate appointments can be granted in cases of serious illness or incapacity, even without formal medical certification of unfitness, and discriminatory provisions may be deemed inapplicable.
The right to seek compassionate appointment is not affected by the fact that the deceased employee belonged to a dying cadre. The purpose of compassionate appointment is to provide immediate relief t....
The conflicting views on the applicability of the Scheme for Appointment on Compassionate ground/Payment of Ex-gratia and the need for a definitive interpretation of Clauses 8.1 and 8.2 of the Scheme....
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