Chief Justice:

This writ appeal has been filed against the impugned judgment of the learned single Judge dated 22.9.2004. Heard the learned counsel for the appellant.

2. The respondent is a widow. Her late husband was a driver in the service of the appellant Corporation, who had been appointed in 1979. He had some heart ailment due to which he was compulsorily retired on medical grounds by order dated 6.12.1995. Thereafter, on a representation made by him to the Corporation a settlement under section 18(1) of the Industrial Disputes Act was reached under which he was re-employed as a mazdoor trainee by order dated 6.2.1996. However, four days thereafter i.e. on 10.2.1996 at the age of 44 he passed away. He was the only bread-winner of the family and he left behind him his widow (respondent) and two daughters.

3. The Corporation refused to give compassionate appointment to the widow (respondent) taking a technical view of the matter. Learned counsel for the appellant Corporation relied on G.O.Ms.No.680 Transport Department dated December, 1977 and urged that under the said G.O. the respondent could not get compassionate appointment.

4. We do not agree with this submission. I