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2017 Supreme(Jhk) 440

RAJESH SHANKAR
Employers in relation to the Management of Swang Washery of M/s. Central Coalfields Limited – Appellant
Versus
Their workman Sri Pankaj Kumar, son of Late Sunder Lal Mallah – Respondent


Advocates Appeared:
For the Petitioner:Mr. A. K. Das, Advocate
For the Respondent:M/s. Rajiv Ranjan, Sr. Advocate and Nivedita Kundu, Advocate.

JUDGMENT :

1. By Court: The present writ petition has been filed for quashing the award dated 12.08.2011 passed by the Presiding Officer, Central Government Industrial Tribunal No. 1, Dhanbad in Ref. Case No. 64 of 2006, whereby the reference has been answered in favour of the respondent by holding that as per Clause 9.3.2 read with Clause 9.5.0 of National Coal Wage Agreement-VI ( in short 'NCWA-VI') the respondent is entitled for compassionate appointment and his mother is also entitled for compensation till her death.

2. The factual background of the case is that the father of the respondent was an employee of the petitioner-Management who died in harness on 15.03.1999. The second wife of the deceased employee submitted an application for her employment with the consent of the first wife but the same was rejected by the management vide order dated 29/30.09.2000 on the ground that the second wife is not entitled to get employment on compassionate ground while the first wife is alive. When the respondent attained the age of 18 years, his mother Smt. Anjani Devi (first wife of the deceased employee) filed an application dated 08.06.2002 before the Project Officer, Swang Washery for e


































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