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2017 Supreme(Jhk) 314

S.N.PATHAK
Madhubala Sinha, widow of late Anil Kumar – Appellant
Versus
Central Coalfields Ltd. through its Chairman-cum-Managing Director – Respondent


Advocates Appeared:
For the Petitioner:Mr. Mahesh Tewari, Advocate
For the Respondent:Mr. Amit Das, Advocate, Ms. Pooja Kumari, Advocate

JUDGMENT :

S.N. Pathak, J.

Heard learned counsel for the petitioners and learned counsel for the respondents.

2. The petitioners have approached this Court with the following prayers:-

(I) For an appropriate writ in the nature of mandamus commanding upon the respondents particularly respondent No. 7 to send to this Hon’ble Court all the records appertaining to issuance of letter dated 30.03.2016 vide reference No. 762, wherein it has been intimated to the petitioners that according to the provisions of National Coal Wage Agreement (for short “NCWA”), mother of the deceased employee does not come within the category of the dependent as enshrined under Clause 9.3.0 of the NCWA.

(II) For a further writ in the nature of mandamus commanding the respondents to immediately consider the case of petitioner No. 1 for compassionate appointment in place of her deceased son.

(III) For a further writ commanding the respondents to frame the National Coal Wage Agreement and its provisions taking into consideration the case of such workers either male or female who are unmarried and on whom in spite of full dependency of their parents, sisters and brothers, their cases are not considered for compassionat





















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