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DEEPAK ROSHAN
Suraj Kumar Mahato – Appellant
Versus
Bharat Coking Coal Limited through its Chairman cum Managing Director – Respondent
JUDGMENT :
Deepak Roshan, J.
Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioner praying for a direction upon the respondent authorities to consider the case of the petitioner No.1 for employment in terms of para-9.5.0. (III) of NCWA-VIII and also for monetary compensation for petitioner No.2, who is mother of petitioner No.1.
3. The brief fact of the case is that the petitioner No.1 is the son of deceased employee late Bharat Mahto from his 2nd wife and petitioner No.2 who is the 1st wife of the deceased employee who was working in the services of M/s BCCL as Tyndal in the Ropeways Division of M/s BCCL. Since petitioner No.2 was having no issue the employee, Bharat Mahto got married with one Kalyani Devi with the consent of petitioner No.2. The employee Bharat Mahto had only one daughter namely, Kiran Kumari and two sons, namely, Suraj Kumar Mahto who is the petitioner No.1 and Dhananjay Kumar Mahto with the said Kalyani Devi.
Unfortunately, Bharat Mahto died-in-harness on 27.01.2007. After the death of employee Bharat Mahto the biological mother of petitioner No.1, namely, Kalyani Devi applied for employment on 05.06.2007 under p
Dependents of deceased employees are entitled to employment and monetary compensation under NCWA provisions, emphasizing timely relief and compliance by employers.
The main legal point established in the judgment is the need for diligent and prompt consideration of claims for dependent employment and monetary compensation under the National Coal Wage Agreement,....
The main legal point established in the judgment is the entitlement of the petitioner to compassionate appointment under the National Coal Wages Agreement-IX (NCWA-IX) and the court's emphasis on tim....
Compassionate appointment rights under NCWA must be evaluated without delay; the employer's inaction violates the employee's fundamental rights.
Point of Law : Petitioner is not entitled for grant of first limb of relief sought for by Petitioner unless Petitioner questions NCWA Agreements (National Cold Wage Agreements) in view of fact that N....
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