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NARENDRA KUMAR VYAS
Jankibabai W/o Late Gorelal – Appellant
Versus
South Eastern Coalfileds Ltd. – Respondent
JUDGMENT :
1. By the instant writ petition, the petitioner has challenged the letter dated 04.08.2010 and 30.07.2010 by which the representation of the petitioner for grant of dependent employment has been rejected by the respondents.
2. The brief facts from the records would demonstrate how a widow is struggling to get dependent employment whose husband succumbed to death during course of employment while extinguishing fire in the mines. The petitioner's husband Late Gorelal was working as General Majdoor in Chirmiri open cast mines of SECL. On 10.02.1988, he was engaged in the extinguishing fire while discharging his duties, he was kept in fire and succumbed to death during course of his employment on 10.02.1988 itself. The petitioner and her son being dependents on deceased employee-Gorelal applied for grant of dependent appointment with the SECL. Her application was rejected on 27.10.1994 and again it was rejected on 01.10.2002. The said rejection order was challenged by filing writ petition before this Court which was registered as WPS No. 2608/2003. The Coordinate Bench of this Court has passed the following order on 3rd of February, 2006 :-
The judgment emphasizes the binding nature of the National Coal Wages Agreement, the purpose of dependent employment as relief from immediate hardship, and the concessionary nature of compassionate a....
The court established that a female dependent's right to compassionate appointment under the NCWA is not negated by her minor status at the time of the deceased's death.
Dependency on a deceased employee is essential to claim compassionate appointment, irrespective of marital status.
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