Compassionate appointments under the Industrial Disputes Act cannot be granted after significant delays, as the purpose is to meet immediate financial needs following the sudden death of the employee.

ORDER :

1. The instant appeal under Clause 10 of the Letters Patent Appeal is directed against the order dated 04.03.2024 passed in W.P.(L) No.2353 of 2023 whereby and whereunder the learned Single Judge has refused to interfere with the order dated 18.05.2016 passed by the respondent no.2 by which industrial dispute has been denied to be referred to the learned Industrial Tribunal for its adjudication, as also the claim of the writ petitioner for his appointment on compassionate ground has been denied to be granted in view of the provision made under Clause 9.5.0 of National Coal Wages Agreement (in short NCWA).

Factual Matrix

2. The brief facts of the case as per the pleadings made in the writ petition needs to refer herein which reads as under:

(i) It is pleaded that the mother of the appellant, namely, Pari Baurin was the permanent employee under the respondent-BCCL and she was appointed on 21.09.1973 and she continued to render her services to the satisfaction of the respondents till she died on 23.06.1995 in harness leaving behind her son, the appellant herein.

(ii) It is pleaded that at the time of death, the age of the appellant was 12 years. He submitted representation before the respondent on 12.08.1997 and requested to keep him in live roster as his age was 12 years at the time of death of his mother for the purpose of providing compassionate appointment to him.

(iii) It is pleaded that the appellant continued to approach the respondents after attaining majority in the year 2001 but the respondent-BCCL did not provide employment to the appellant in view of provision made under clause 9.5.0 of NCWA. Thereafter the appellant again submitted a representation on 24.09.2012 before the respondent no. 5.

(iv) It is further pleaded that the appellant in the aforesaid circumstances raised industrial dispute through the registered Trade Union Jharkhand Janta Majdoor Union before the Assistant Labour Commissioner on 17.06.2015.

(v) Pursuant thereto, the Assistant Labour Commissioner (Central) issued a letter dated 09.07.2015 to the concerned parties for appearance for the purpose of initiating Conciliation Proceeding.

(vi) It is pleaded that after the Conciliation Proceeding as Management declined for agreement and failure was recorded as such the same was sent to the appropriate government vide letter dated 17.02.2016.

(vii) It is pleaded that the appropriate government issued a letter dated 18.05.2016 whereby and whereunder the industrial dispute has been denied to be referred for adjudication on the ground that "Shri Anil Bouri, the dependent son of Late Pari Bourin who died on 23/06/1995, is not entitled for compassionate employment under the provisions of NCWA-V since, his age was below 15 years at the time of death of his mother. In fact, the provisions of compassionate employment for minor under NCWA-V states that under clause 9.4.0 if no employment has been offered and the male dependent of the concerned workers is 15 years and above in age, he will be kept on a Live Roster and would be provided employment commensurate with his skill and qualification when he attains the age of 18 years. Hence, keeping his name in the Live Roster Register does not arise".

(viii) It is further pleaded that the letter dated 18.05.2016 denying reference of the industrial dispute raised by the appellant for adjudication referred the same to Industrial Tribunal is wholly illegal and without jurisdiction in view of the fact that the appropriate government is not provided jurisdictio