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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Eastern Coalfields Limited – Appellant
Versus
Union of India – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The writ application has been preferred challenging an impugned award dated 9th June, 2023 passed by the Central Government Industrial Tribunal cum Labour Court, Asansol in Reference No.08 of 2006.
2. Vide the impugned award, the Learned Tribunal held as follows:-
“Ranjit Mahali's year of birth appears to be 1975 and he was found medically fit and eligible for performing any job in the mines. Valuable time in the life of the dependant son has been wasted due to the failure on the part of the Management of ECL to arrive at a collective decision on this issue in 30 years, oblivious of the essence of time in a person's life. The Management of ECL is duty bound to honour it's own decision reflected in various clauses of NCWA. According to para 9.4.0 of NCWA IV, the employer company is bound to provide employment to one of the dependants of the worker who died in course of employment and the dependant to be considered for employment should be physically fit, suitable for employment and not more than 35 years at the time of death of the workman. In the present case, the petitioner Ranjit Mahali was within the stipulated age limit and below 35 years on 21.
The court emphasized that age for compassionate appointment must be determined by official documents, not medical assessments, to uphold the intent of beneficial legislation.
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