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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, PRADEEP KUMAR SRIVASTAVA
Bharat Coking Coal Ltd. through its Chairman cum Managing Directed, Koyla Bhawan – Appellant
Versus
Suraj Kumar Mahato s/o Late Bharat Mahato – Respondent
JUDGMENT :
Heard Mr. Anoop Kumar Mehta, learned counsel for the appellants. None appears on behalf of the respondents despite valid service of notice.
2. This appeal is directed against the order dated 10.05.2024 passed by the learned Single Judge in W.P.(S) No. 811 of 2018 whereby and whereunder the writ application preferred by the respondents herein has been allowed and the appellants have been directed to extend employment to the respondent no. 1 and monetary compensation to the respondent no. 2.
3. The factual matrix in brief is that Bharat Mahato was working as a Tyndal in the Ropeways Division of M/s. BCCL who died in harness on 27.01.2007. The said Bharat Mahato had two wives – the first wife being Bhabhi Devi (respondent no. 2 herein) and the second wife being Kalyani Devi. A son was also born to Bharat Mahato from his second wife namely, Suraj Kumar Mahato (respondent no. 1 in this appeal). After the death of Bharat Mahato, both his wives applied for compassionate appointment, but the plea for compassionate appointment of Kalyani Devi was rejected since she was not the legally married wife of late Bharat Mahato. So far as the Bhabhi Devi is concerned, she was requested to ap
Compassionate appointment under the National Coal Wage Agreement is limited to recognized dependents, and monetary compensation is appropriate when direct dependents are alive.
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 entitlement of the petitioner to compassionate appointment under the National Coal Wages Agreement-IX (NCWA-IX) and the court's emphasis on tim....
A respondent may be entitled to monetary compensation from the date of application for compassionate appointment when the application is delayed, and the employer fails to offer compensation upon rej....
Compassionate appointment rights under NCWA must be evaluated without delay; the employer's inaction violates the employee's fundamental rights.
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