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2018 Supreme(Jhk) 825

ANIRUDDHA BOSE, APARESH KUMAR SINGH
Bamri Paharin – Appellant
Versus
Eastern Coalfields Limited through its Chief General Manager, Rajmahal – Respondent


Advocates Appeared:
For the Appellants : M/s. Saibal Mitra, Abha Verma, Bandana Sinha.
For the Respondents: M/s. Rajesh Lala, Arpit Kumar.

ORDER :

1. Appellant’s plea for compassionate appointment has been rejected by the Eastern Coalfields Limited, the employer of the deceased husband of the appellant primarily on the ground that she could not demonstrate that she was legally married wife of the deceased at the time of the latter’s death. The appellant claimed that she is covered by the customary laws, being ‘Pahar-in-law’ and the provision of the Hindu Marriage Act is not applicable in her case. Learned First Court dismissed the writ petition holding:-

“10. Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered view that no interference is required in the impugned order as there is no error committed by the respondents. It is settled principle of law that any divorce certificate is taken as a valid certificate only if it is issued by the competent court. In the instant case no supportive documents have been produced before this Court regarding divorce. The respondents have found that even the retiral benefits have been paid to the petitioner illegally for which an enquiry has already been conducted as to how and under what circumstances the said amounts have been w





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