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IN THE HIGH COURT AT CALCUTTA
SUJOY PAUL, SMITA DAS DE
Dipali Mitra – Appellant
Versus
Coal India Limited – Respondent
| Table of Content |
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| 1. key facts about the appeal and dependency claims. (Para 1 , 2 , 3 , 4) |
JUDGMENT :
Sujoy Paul, J.
1. This intra Court appeal takes exception to the order dated 17th September, 2023 passed in WPA 14349 of 2018.
2. The admitted facts between the parties are that Shri Shib Das Mitra an employee of ECL died in harness on 26th May, 2010 leaving behind petitioner nos. 1, 2, 3 and 4 who are deceased’s wife, son-in-law, married daughter and son respectively. The deceased employee’s son namely, Suman Mitra resides out of country and petitioner nos. 2 and 3 were married on 11.05.2004.
3. The petitioner nos. 2 and 3 claimed compassionate appointment as per Chapter IX of National Coal Wage Agreement from the employer. Respondent dismissed their application by order dated 29th January, 2015. Assailing this order, WP 306 of 2015 was filed by the petitioners. The said petition was decided by this Court on 10th March, 2017. This Court while setting aside the impugned order dated 29th January, 2015 directed the Chairman, Coal India Ltd. to take a decision on the issue within 3 months from the date of communication of the order. A review application no. RVWO 20 of 2017 was filed which
Dependency on a deceased employee is essential to claim compassionate appointment, irrespective of marital status.
The main legal point established in the judgment is the entitlement of the petitioner to compassionate appointment under the National Coal Wages Agreement-IX (NCWA-IX) and the court's emphasis on tim....
Point of Law : Apex Children born out of second marriage cannot be treated as illegitimate children, therefore, the impugned rejection order dated 24.04.2018 passed by the respondents is contrary to ....
Exclusion of married daughters from compassionate appointment violates constitutional rights to equality and non-discrimination; eligibility should be based on dependency, not marital status.
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