The legal point established was the necessity to determine the appellant's entitlement for compassionate appointment based on her status as the widow of the deceased employee, considering the impact of the ongoing inquiry into the release of retiral benefits to the appellant.

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for which an enquiry has already been conducted as to how and under what circumstances the said amounts have been withdrawn and paid to the petitioner illegally and against the provision of law. Since the husband of the petitioner died in harness on 26.02.2006 itself and the petitioner has approached this Court after 10 years for redressal of her grievance which itself speaks that the petitioner was not conscious of her right and arose from deep slumber only after 10 years. The instant case is barred by limitation as the petitioner has approached this Court after a period of 10 years for redressal of her grievance.”

2. The appellant contends that she has been paid all the retiral benefits and now it not open to the ECL to deny her the status of legally married wife during the lifetime of the deceased employee. So far as compassionate appointment in the Public Sector Coal Companies are concerned, that is guided by the National Coal Wage Agreement (NCWA).

3. Stand of ECL before us is that retiral benefits of the deceased employee was paid to the appellant by mistake and for that purpose inquiry is going on. Obviously, such inquiry would require determination of the status of the appellant, unless of course, the matter is further taken to a court of competent jurisdiction. Claim of compassionate appointment of the appellant is also staked on the same basis.

4. Since ECL is holding an inquiry as regards the manner in which retiral benefits were released to the appellant, we are of the opinion that determination of the status of the appellant as widow of the deceased employee will be directly impacted by such inquiry. In such circumstances, we set aside the judgment under appeal and remand the matter to ECL for determination of the question of entitlement of the appellant for appointment on compassionate basis. Such decision would be collateral to the inquiry which is already being conducted. The question of compassionate appointment shall also be determined in accordance with NCWA in the event the determination of the status of the appellant as claimed by her goes in her favour in such inquiry or any subsequent proceeding that may arise in consequence of the inquiry. The decision in this regard may be taken by ECL within a period of 4 months from the date of communication of this order.

5. The appeal stands allowed in above terms.