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SUJIT NARAYAN PRASAD, SUBHASH CHAND
Shanti Kumari – Appellant
Versus
Employers in relation to the management of Katras Area of M/s. Bharat Coking Coal Limited – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. Mr. Sanjay Prasad, learned arguing counsel for the petitioner, at the outset, has sought for leave of this Court to make necessary correction in the provision of law under which the instant review petition has been filed.
2. Considering the same, let the necessary correction be carried out in course of the day.
3. The instant review petition has been filed for review of the judgment dated 18.01.2021 passed by the Division Bench of this Court in L.P.A. No. 100 of 2020, whereby and whereunder, the order dated 20.09.2019 passed by the learned Single Judge in W.P.(S) No. 3993 of 2018 had been set aside.
4. The brief facts of the case as per the pleading made in the writ petition which requires to be enumerated herein, read as under:
The father of the writ petitioner, who was permanent employee and was posted as Pump Operator at Ramkanali Colliery under the respondents-BCCL (hereinafter referred to as ‘the BCCL’) died in harness on 11.01.2015. At the time of death, the writ petitioner and her sister were minor and as such, mother of the petitioner, wife of the deceased employee had submitted her representation before the respondent for appointment of her
The main legal point established in the judgment is that the National Coal Wage Agreement, as a bi-partite agreement, has statutory fervor and binds the parties, and the court's power of review is li....
Dependency on a deceased employee is essential to claim compassionate appointment, irrespective of marital status.
The court established that a female dependent's right to compassionate appointment under the NCWA is not negated by her minor status at the time of the deceased's death.
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