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R.M.CHHAYA, SOUMITRA SAIKIA
M. Laxmi @ Smt. Lochmama, Daughter of M. Appalswami – Appellant
Versus
Chairman, Coal India Limited – Respondent
JUDGMENT :
(R.M. Chhaya, J.)
1. Feeling aggrieved and dissatisfied by the judgment & order dated 25.10.2017 passed by the learned Single Judge in WP(C) No.7723/2016, the original petitioner/ appellant has preferred this intra-Court appeal.
2. The following facts emerge from the record of this appeal. The appellant is the younger sister of Late M. Guruloo, who was working with Coal India Limited as a permanent employee and expired while in service on 25.07.2002. As per the record, Late M. Guruloo was survived by his wife, son and brother. It is the case of the appellant that Late M. Guruloo took divorce from his wife, Mrs. M. Jyoti, in Title Suit (Divorce Case) No.22/1996. It is further the case of the appellant that Late M. Guruloo executed a Will in favour of the appellant and bequeathed all his property to the appellant. According to the appellant, the appellant obtained a Probate Certificate from District Judge, Tinsukia in Probate Case No.139/2002. It is further the case of the appellant that the appellant is entitled to all benefits as dependant of the deceased M. Guruloo, who was an employee of the Coal India Limited. According to the appellant, the son of Late M. Guruloo is n
Even the contention that there is discrimination and provisions of Clause 9.3.2 and 9.3.3 is violative of Article 14 of Constitution of India, is without any basis.
Dependency on a deceased employee is essential to claim compassionate appointment, irrespective of marital status.
The court ruled that the mother of a deceased employee qualifies as a dependent for compassionate appointment under the National Coal Wage Agreement, emphasizing a liberal interpretation of dependenc....
The main legal point established in the judgment is that a married daughter would fall within the ambit of a dependent of the deceased under the provisions of the National Coal Wage Agreement VI, Cha....
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....
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