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2019 Supreme(Jhk) 931

H.C.MISHRA, DEEPAK ROSHAN
Madhubala Sinha – Appellant
Versus
Central Coalfields Limited, Ranchi, through its Chairman-cum-Managing Director – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mrs. M.M. Paul, Sr. Advocate Mr. Mahesh Tewari, Advocate Mr. Abhishek Kr. Dubey, Advocate
For the Respondents CCL:Mr. Amit Kumar Das, Advocate Miss Pooja Kumari, Advocate Mrs. Swasi Shalini, Advocate Mr. Aditya Jha, Mr. V.K. Dubey, Advocate

JUDGMENT :

H.C. Mishra, J.

The common question of law that is involved in both these Letter Patent Appeals, is whether sister and the mother of the deceased workman of CCL, who were admittedly not included as dependents under Clause 9.3.3 of the National Coal Wage Agreement (hereinafter referred to as 'NCWA'), could be appointed on compassionate ground, in absence of there being any other dependent under Clause 9.3.3 of the NCWA, and whether their non-inclusion in the list of dependents in the NCWA is unjust and uncalled for. As such, both the appeals have been heard together and are being disposed of by this common Judgment.

2. Heard learned counsels for the appellants and learned counsel for the respondents CCL in both these matters.

3. In both these matters, the Writ Court has denied the relief to the appellants writ petitioners, stating that the mother and the sister did not fall within the definition of the dependents under Clause 9.3.3 of the NCWA, and were not entitled for compassionate appointment upon the death of the deceased workman.

4. Facts in LPA No.617 of 2017 :-

The appellant in this appeal is the widow of late Anil Kumar, who had been working with the respondent CCL, and

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