JUDGMENT :

SHAMPA DUTT (PAUL), J.

1. The writ application has been preferred challenging an impugned award dated 9th June, 2023 passed by the Central Government Industrial Tribunal cum Labour Court, Asansol in Reference No.08 of 2006.

2. Vide the impugned award, the Learned Tribunal held as follows:-

“Ranjit Mahali's year of birth appears to be 1975 and he was found medically fit and eligible for performing any job in the mines. Valuable time in the life of the dependant son has been wasted due to the failure on the part of the Management of ECL to arrive at a collective decision on this issue in 30 years, oblivious of the essence of time in a person's life. The Management of ECL is duty bound to honour it's own decision reflected in various clauses of NCWA. According to para 9.4.0 of NCWA IV, the employer company is bound to provide employment to one of the dependants of the worker who died in course of employment and the dependant to be considered for employment should be physically fit, suitable for employment and not more than 35 years at the time of death of the workman. In the present case, the petitioner Ranjit Mahali was within the stipulated age limit and below 35 years on 21.06.1993. The Management of ECL has acted in a wrongful and arbitrary manner by not providing suitable employment to Ranjit Mahali after holding IME. Accordingly the Management of Satgram Project, ECL is directed to grant employment to Ranjit Mahali and complete the entire proceeding within two months from the date of notification of this Award. In case any further delay is caused, the ECL company shall be liable to pay damages at the rate of Rs. 10,000/- per month till the dependant of deceased workman is placed in the service roll of the company.

In the light of my findings, the Industrial Dispute is decided in favour of Ranjit Mahali, dependant of the deceased workman.

Hence, ORDERED the Industrial Dispute is decided in favour of Ranjit Mahali, the dependant son of the deceased employee Lachmi Mahali. Let an Award be drawn in favour of dependant petitioner directing the Management of Satgram Project under Eastern Coalfields Limited for providing suitable employment to Ranjit Mahali within two months from the date of notification. In default, the company (E.C.L.) will be liable to pay damages to Ranjit Mahali at the rate of Rs. 10,000/- per month until the employment proceeding is completed. Let copies of this Award in duplicate be sent to the Ministry of Labour and Employment, Government of India, New Delhi for information and Notification.

Sd/-

Presiding Officer,

C.G.I.T.-cum-L.C.

Asansol

3. The petitioners case in the writ application is that Lachmi Mahali, the mother of the respondent No. 5, who was employed with Eastern Coalfields Limited as 'Wagon Loader' died on 21.06.1993, while in service.

4. Respondent No. 5 filed an application on 11.09.1993 (within 3 months) claiming compassionate employment, as the son of Late Lachmi Mahali and also her nominee.

5. It is stated by the petitioner that as the respondent No. 5 could not establish that he is the son of Late Lachmi Mahali, the employment file of the respondent No. 5 could not be processed any further and no employment was provided to the respondent No. 5.

6. It is further stated that the respondent No. 5, six years after the initial medical examination was done and 9 years from the date of death of his mother, raised a purported industrial dispute through the respondent No. 4 in or about 2002 before the conciliatory machinery of the Government of India, Ministry of Labour, as regards his compassionate employment.

7. Respondent No. 5 raised an industrial dispute in 2002 through the respondent No. 4 whereupon conciliation proceedings were initiated.

8. Reference, dated 24.05.2006 under section 10 of the Industrial Disputes Act, 1947 was made to the Central Government Industrial cum Labour Court, Asansol (hereinafter referred to as the "CGIT") and such reference was numbered as Reference Case No. 08 of 200