IMPORTANT POINT
Compassionate appointment is not a vested right and cannot be claimed or offered after a lapse of time. The appointment must be provided immediately to redeem the family in distress, and it cannot be a source of recruitment.

ORDER

Chandra Dhari Singh, J. (Oral) - The instant petition under Article 226/227 of the Constitution of India has been filed on behalf of the petitioner seeking the following reliefs:

"a) set aside the impugned award dated 9.12.2004 passed by the Industrial Tribunal No I, Karkardooma Courts, Delhi vide its award bearing ID No 25 of2000:

b) pass any other direction as may be deemed fit and proper."

2. The relevant facts necessary for the adjudication of the instant petition are as follows:

a) The respondent herein is the wife of Sh. Roop Chand who was a workman under the petitioner i.e., Delhi Jal Board ("petitioner Jal Board" hereinafter) and served as a `Beldar' in the petitioner entity from May, 1983, till 1st July, 1995. Apart from carrying work in the capacity of a Beldar, the respondent workman also worked in short intervals for the monsoon periods in the year 1984-87 as a `pump driver' on daily wages muster roll.

b) In the year 1990, the petitioner Jal Board sent a letter dated 8th November, 1990, to the workman giving him an opportunity to seek regularization at the post of `Beldar' and he was provided 10 days to appear before the Medical Board for the same. On account of being medically deranged, the workman, i.e., the husband of the respondent could not appear before the board due to which he could not be regularized to the said post and continued to work at the same post on muster roll until 1st July, 1995.

c) The husband of the respondent left the job of Beldar, subsequent to which the respondent through her husband's union preferred a demand notice dated 14th July, 1998, thereby, seeking appointment on compassionate grounds in the petitioner Jal Board in lieu of her workman husband.

d) Thereafter, the workman's wife i.e., Smt. Kanta raised a grievance before the Appropriate Government, Delhi and the dispute was referred for adjudication to the learned Industrial Tribunal vide notification dated 27th January, 2000, wherein, the learned Tribunal was tasked with adjudicating upon whether the workman i.e., husband of the present respondent was entitled to be examined by Medical Board and what relief is he entitled for in case he is declared medically unfit.

e) Before the commencement of the proceedings before the learned Industrial Tribunal, the appropriate Government deemed it necessary to amend the terms of the aforesaid reference vide corrigendum dated 20th June, 2001, and the following changes were incorporated to the initial referral:

f) Thereafter, the learned Industrial Tribunal in I.D No. 25/2000, passed the impugned award dated 9th December, 2004 in favour of the respondent i.e., Smt Kanta, thereby, directing the petitioner Jal Board to appoint her as a `Beldar' on compassionate grounds. Further in the impugned award the learned Tribunal also held that, it was not desirable to refer the workman husband to be examined by a Medical Board as he was medically unfit.

g) Pursuant to passing of the said award, the respondent served a notice dated 18th July, 2005, under Section 2(ra) of the Industrial Disputes Act ("Act" hereinafter) upon the petitioner Jal Board, seeking implementation of the impugned award dated 9th December, 2004.

h) Therefore, being aggrieved by the impugned award, the petitioner Jal Board has assailed the same by way of the instant writ petition under Article 226/227 of the Constitution of India.

3. The learned counsel on behalf of the petitioner submitted that the learned Industrial Tribunal erred in passing the impugned award as the same has been passed without taking into consideratio