JUDGMENT :

1. This interlocutory application has been filed for condoning the delay of 247 days, which has occurred in preferring this appeal.

2. Heard learned counsel for the appellants.

3. Having regard to the averments made in this application, we are of the view that the appellant was prevented by sufficient cause from preferring the appeal within the period of limitation.

4. Accordingly, I.A. No.2924 of 2020 is allowed and the delay of 247 days in preferring the appeal is condoned.

L.P.A. No.771 of 2019:

5. The instant intra-court appeal is under Clause 10 of the Letters Patent directed against the order/judgment dated 17.01.2019 passed by the learned Single Judge of this Court in W.P.(S) No.6518 of 2016, whereby and whereunder, the claim of the writ petitioner for appointment on compassionate ground has been refused to be interfered with.

6. The brief facts of the lis which is required to be enumerated read as hereunder:

The mother of the writ petitioner, namely, Sundri Kamin was permanent employee of Central Coalfields Limited, Amlo Project, Bermo, Bokaro as a Piece Rated Worker. She became traceless on or before 02.04.2003. The writ petitioner filed a suit being Title Suit No.37 of 2010 on 25.05.2010 i.e., after lapse of the period of 7 years of missing of the mother of the writ petitioner. The writ petitioner, thereafter, applied for appointment on compassionate ground. The suit was decreed on 01.08.2012.

The writ petitioner, thereafter, made application on 29.09.2012 before the Project Officer for deleting the name of his mother, namely, Sundri Kamin from the service roll vide judgment and decree dated 28.07.2012 and 01.08.2012 passed in Title Suit no.37 of 2010 whereby the mother of the writ petitioner has been declared to be dead (civil) on 02.04.2003.

The management having not taken any action on such application of the writ petitioner, he had approached to this Court by filing writ petition being W.P.(S) No.6518 of 2016. The said writ petition was contested by the respondent-management by filing counter affidavit. The learned Single Judge after having heard the learned counsel for the parties has dismissed the writ petition on the ground that the writ petitioner has not stated in the writ petition that he is facing great hardship and is in distress or in financial crisis because of the death of his mother. Further, no averment has been made that he was dependent on his mother, which is the subject matter of the present intra-court appeal.

7. Mr. Satish Kumar, learned counsel for the writ petitioner submits that under the terms and conditions of the National Coal Wage Agreement there is no requirement of producing the certificate to the effect that the dependent is dependent upon the bread earner, i.e., employee who died in harness. According to him, since the employment has been sought for under the provision of National Coal Wage Agreement and as would be evident from the terms and conditions stipulated therein as under Clause 9.3.2 the only requirement is of being a dependent upon the employee who died in harness, therefore, learned Single Judge has dismissed the writ petition on the ground of that he has not averred upon the dependency upon the employee who died in harness, i.e., mother of the writ petitioner, therefore, the order passed by the learned Single Judge suffers from infirmity and the same may be quashed and set aside.

8. While, on the other hand, Mr. Amit Kumar Das, learned counsel assisted by Mr. Sahay Gaurav Piyush, learned counsel for the CCL management has submitted that what has been stated by the learned counsel for the appellant that there is no condition to that effect stipulated under the National Coal Wage Agreement, which is incorrect, as would be evident from the condition as under Clause 9.3.0 of the National Coal Wage Agreement but even accepting the same even then no appointment on compassionate ground can be provided under Clause 9.3.0 as because herein, the death, which has been declared to be