By Court: In this writ petition, the petitioner has challenged the award dated 29.10.2008 (Annexure-3) rendered by learned Central Government Industrial Tribunal No.1, Dhanbad in Reference Case No. 128/1999, whereby learned Tribunal has answered the said reference in favour of the respondent No.2-concened workman.

2. The short fact of the case is that Jagat Bahadur was a permanent employee of M/S B.C.C.L posted as Night Guard at Godhar Colliery. In 1991, he was declared medically unfit and was stopped from duty w.e.f 17.9.1991. According to the provisions contained in Clause 9.4.0 of National Coal Wage Agreement -V (NCWAV), which provides for compassionate appointment to a dependant of such employee, Chandrakala Devi (respondent No.2), the only living wife of Jagat Bahadur, applied for her compassionate appointment in place of Jagat Bahadur on 26.9.1991. The Management kept the said application pending for several years. Chandrakala Devi, thereafter, raised a dispute which was ultimately referred to learned Tribunal and has been answered by the impugned award.

3. It is relevant to mention here that Jagat Bahadur appeared before the Management and requested for giving emplo