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IN THE HIGH COURT OF JHARKHAND AT RANCHI
HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD, HON’BLE MR. JUSTICE ARUN KUMAR RAI, JJ.
Central Coalfields Limited – Appellant
Versus
Chandan Bauri S/o Late Ajit Bauri – Respondent
L.P.A. No. 373 of 2022
Decided On : 18-04-2024
[CONDONATION OF DELAY] - [COMPASSIONATE APPOINTMENT] - [INDUSTRIAL DISPUTES ACT, 1947, SECTION 18; NATIONAL COAL WAGE AGREEMENT, CLAUSE 9.3.0] - [The court discussed the provisions of the Industrial Disputes Act, particularly Section 18, which establishes the binding nature of settlements between employers and employees. The National Coal Wage Agreement (NCWA) was highlighted as a bipartite agreement aimed at providing social security to coal workers and their dependents. The court interpreted the NCWA as having statutory fervor, emphasizing that the employer-employee relationship remained intact despite the father's long absence due to illness. The court concluded that the rejection of the compassionate appointment was improper, as the conditions of the NCWA were applicable and should be honored.]
Fact of the Case:
The petitioner sought compassionate appointment following the death of his father, who had been absent from work for 11 years due to illness. The management rejected the application on the grounds of unauthorized absence, despite the petitioner being the sole claimant among his siblings. The Single Judge quashed the rejection and directed the management to reconsider the application.
Finding of the Court:
The court found that the employer-employee relationship was not disputed, and the father's absence did not terminate this relationship. The court emphasized the importance of the NCWA and its provisions for compassionate appointments, ruling that the management's rejection was not justified.
Issues: Whether the rejection of the compassionate appointment based on the father's long absence was valid, and whether the provisions of the NCWA applied in this case.
Ratio Decidendi: The court held that the NCWA, having statutory fervor under Section 18 of the Industrial Disputes Act, mandates consideration for compassionate appointments regardless of the employee's absence, as long as the employer-employee relationship exists.
Final Decision: The appeal was dismissed, upholding the Single Judge's order to reconsider the petitioner's application for compassionate appointment.
ORDER :
I.A. No. 6116 of 2023
1. The present Interlocutory Application has been filed for condonation of delay of 68 days in filing the instant 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 appellants were prevented by sufficient cause from preferring the appeal within the period of limitation.
4. Accordingly, I.A. No. 6116 of 2023 is allowed and the delay in preferring the appeal is condoned.
L.P.A. No. 373 of 2022
5. The instant intra-Court appeal is under Clause 10 of the Letters Patent directed against the order/judgment dated 06.12.2021 passed by learned Single Judge of this Court in W.P. (S) No. 3144 of 2019 whereby and whereunder the decision dated 24.06.2017 as communicated by letter dated 13.07.2017 by which the prayer for appointment of the writ petitioner on compassionate ground has been rejected, has been quashed and set aside with a direction upon the respondents to consider the matter afresh within a period of three weeks. If the case of the petitioner is found to be fit, letter of appointment be issued in his favour within a further period of two weeks thereafter.
6. The brief facts of the case which need to be enumerated herein, read as under:
7. It is the further case of the petitioner that though there are other two brothers but they never claimed compassionate appointment rather they gave no objection and in view of that, petitioner claimed compassionate appointment by filing an appropriate application before the authorities within the prescribed period of limitation. The respondent- Management has rejected case of the petitioner on the sole ground that the deceased-father remained unauthorisedly absent for 11 years and has not worked and, as such, petitioner is not entitled for compassionate appointment.
8. Being aggrieved with the said rejection order, the writ petitioner approached to this Court by filing writ petition being W.P. (S) No. 3144 of 2019 on the ground that the petitioner is struggling for his survival and is hand to mouth, and, as such a direction may be given to the respondents to reconsider case of the petitioner for compassionate appointment.
9. Learned counsel submitted that admittedly deceased – father did not work for the period he was under illness as he was apprehending from attending duties/work due to his serious illness.
10. The respondents appeared before the writ court and filed counter affidavit taking the ground that the petitioner and his entire family have survived for 11 long years without any financial assistance and further, that since the father of the petitioner never worked for 11 long years and hence, no case is made out for any appointment on compassionate ground.
11. Learned Single Judge after hearing the parties, vide order dated 06.12.2021 quashed and set aside the rejection order dated 24.06.2017 as communicated by letter dated 13.07.2017 by which the prayer of the petitioner for compassionate appointment was rejected and directed the respondents to consider the matter afresh within a period of three weeks. If the case of the petitioner is found to be fit, letter of appointment be issued in his favour within a further period of two weeks thereafter.
12. Being aggrieved with the order dated 06.12.2021 passed by the learned Single Judge, the instant Letters Patent Appeal has been preferred by the C.C.L.
13. It is evident from the factual aspect that the father of the writ petitioner was appointed on 16.09.1994 and while working, he died in harness on 20.03.2014. The pet
Compassionate appointments under the National Coal Wage Agreement must be considered in light of the existing employer-employee relationship, regardless of the employee's absence due to illness, as t....
Compassionate appointment cannot be given as a matter of course and depends upon various factors, including the financial condition of the family of the deceased and other relevant factors.
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