Compassionate appointment cannot be denied on grounds of delay if the delay is predominantly caused by the employer's negligence, including failure to maintain essential records or failure to process applications for eligible dependents with reasonable diligence.

Judgment :

SHAMPA DUTT (PAUL), J.

1. The writ application has been preferred challenging an award dated 28th May, 2025 passed by the Learned Central Government Industrial Cum- Labour Court, Asansol in Reference Case No. 44 of 2022 (Bhadu Bouri & Anr. Vs. Management of Lachipur Colliery, Eastern Coalfields Limited).

2. Vide the impugned award passed in reference Case No.44 of 2022, the learned Tribunal held as follows:-

“ORDERED

“that the Industrial Dispute is allowed on contest against the management of Eastern Coalfields Limited. Management of Lachipur Colliery under Kajora Area of Eastern Coalfields Limited is directed to provide employment to Manoj Bouri, son of Late Ganesh Bouri, the ex-employee of Eastern Coalfields Limited on completing all procedures within three (3) months from the date of communication of the Award. Management shall also pay monetary compensation to Bhadu Bouri, the wife of the deceased employee according to the prevailing rate from 24.12.2000, till employment is provided to Manoj Bouri or she attained 60 years of age, whichever is earlier. Let an award be drawn up in light of my above findings. Let copies of the Award in duplicate be sent to the Ministry of Labour and Employment, Government of India, New Delhi for information and Notification.”

3. The petitioner Eastern Coalfields Limited case in short is that the petitioner no. 1 is a company within the meaning and scope of the Companies Act, 2013. The petitioner no. 2 is working as Chairman Cum Managing Director in the petitioner company.

4. One Ganesh Bouri being the husband and father respectively of the Respondent Nos. 6 and 7 was working as a permanent employee of the Lachipur Colliery bearing U Man No. 58887 having designation of UG Loader and died in harness on December 24, 2000.

5. Upon the death of the said employee, his widow being the respondent No. 6 applied for compassionate appointment on 25th May, 2001. Thereafter unit level screening of the Respondent No. 6 was held and screening committee forwarded the case for further examination at Area Level. But the Respondent No. 6 failed and/or neglected to submit the relevant documents and the application for compassionate appointment remained pending.

6. After 11 years, the respondent No. 6 withdrawing her application for such appointment, requested compassionate appointment for her son being the Respondent No. 7 herein. Thereafter vide a letter bearing No. ECL/CMD/C- 6B/EMPL/ED-2875/18/641 dated December, 2018, the petitioner company rejected the claim of the Respondent No. 6.

7. The respondent Nos. 6 and 7 then referred the matter under relevant provisions of the Industrial Tribunal Act, 1947 before the Learned Central Government Industrial Tribunal cum Labour Court, Asansol. Both parties filed their respective Written Statement when upon causing enquiry and taking oral evidence, the Learned Labour Court passed the impugned Award directing the petitioner to grant compassionate appointment and other reliefs.

8. Hence, the writ application. Parties have filed their respective written notes and have argued in support of their case by relying upon judgments in their favour.

9. The petitioners herein have argued that the employee in the present case died in harness on 24.12.2000 and the respondent no. 6 applied for employment on compassionate ground on 25.11.2001.

10. It is the case of the petitioner that that unit level screening of the respondent no. 6 was held on 2nd June, 2001 and the screening committee had forwarded h