Research › Browse › Judgment

Rajasthan High Court · body

1992 DIGILAW 537 (RAJ)

Kunku Devi v. Hindustan Zinc Ltd.

1992-07-03

M.C.JAIN

body1992
JUDGMENT 1. - This writ petition has been filed for directing the respondent to provide employment to the petitioner with back wages from the date of death of her husband i.e., September 17, 1984 and to restrain the respondent from evicting her from the quarter which was allotted to her husband and in which she is living with her five minor children. 2. The petitioner's case is that her husband Gopilal Meena was appointed as a clerk by the respondent in the year 1977. In the year 1983-84, he was promoted as Office Assistant. He committed suicide on September 17, 1984 as he was not given due promotion and a settlement was arrived under Section 12(3), Industrial Disputes Act between the respondent and the representatives of the Unions of its workers and it was agreed that one direct dependent of the employee who dies while in service will be given employment in the Company. Despite several representations and assurances, she has not been given appointment so far. She had to file a civil suit for an injunction against the respondent when it was going to evict her from the quarter. Objection was raised against the maintainability of the suit and she was advised to withdraw it and moved an application on July 18, 1989 for withdrawal of the suit and appeal. 3. In reply to the show-cause notice, it is admitted by the respondent that the petitioner's husband Gopilal Meena was appointed as a clerk, he was subsequently promoted as Office Assistant w.e.f. January 1, 1979, after the death of Gopilal Meena terminal benefits and other outstanding dues were given to the petitioner and she made several representations for giving employment to her. It has been averred in the reply that she is not entitled to retain the said quarter allotted to her husband Gopilal Meena, the settlement referred to in the writ petition was not applicable to the employees working in the head office, it is applicable to the employees working in the mines and as such the petitioner is not entitled to get any benefit under it. It has also been averred that the respondent has issued guidelines (Annex.R/1) for giving employment to the dependents of deceased and employments are being given accordingly, and she has concealed the fact of filing the suit in the court of Munsif, Udaipur against the respondent for providing her employment. It has also been averred that the respondent has issued guidelines (Annex.R/1) for giving employment to the dependents of deceased and employments are being given accordingly, and she has concealed the fact of filing the suit in the court of Munsif, Udaipur against the respondent for providing her employment. It has also been averred that the petitioner is an illiterate, she does not possess required qualification and on August 4, 1989 she has been employed as a casual worker in the Medical Department on daily wages @ Rs. 28/- on compassionate ground. 4. In the rejoinder she has averred that her husband Gopilal Meena was also a workman, the settlement Annexure-R/1 is equally applicable to the workmen of the Head Office, Employment Exchange does not come in the way of such employment, civil suit has been withdrawn and Rs. 10,000 have been deducted from the terminal benefits as rent of the said quarter. 5. In reply to the rejoinder, the respondent has averred that Rs. 9,055.73 have been deducted as rent and water and electricity charges in respect of the said quarter from January 1, 1984 to December 31, 1987 from the amount lying to the credit of late Gopilal Meena and under the amended Rule 11(b) of House Allotment Rules (Annex.-R/4) the respondent is entitled to recover penal rent. 6. Admittedly, the petitioner's husband Gopilal Meena died while he was in the respondent' service. On July 22, 1985, the respondent has issued guidelines (Annex.R/1) for providing employment to dependents. It is admitted in para No. 9 of reply by the respondent that on March 4, 1989 the petitioner has been employed as a casual worker in the Medical Department, Head Office on daily wages @ Rs. 28 on compassionate ground ,Gopilal Meena died on September 17, 1984 and guidelines, (An-nexure-R/1) were issued on July 22, 1985. Guideline No. 73 provides- "The post offered can be causal, temporary, badli, on consolidated pay, or regular post, depending on the normal recruitment policy of the company for that category of posts". Immediately after the issuance of the guidelines Annex.R/1,, the petitioner could be given appointment but she was given employment as late as on March 4, 1989. No reason has been given for not providing such an employment immediately after July 22, 1985. It has not been denied that Gopilal Meena died leaving behind petitioner as his widow and 5 children. Immediately after the issuance of the guidelines Annex.R/1,, the petitioner could be given appointment but she was given employment as late as on March 4, 1989. No reason has been given for not providing such an employment immediately after July 22, 1985. It has not been denied that Gopilal Meena died leaving behind petitioner as his widow and 5 children. Instead of providing employment to the petitioner, the respondent deducted Rs. 9,055.73 as rent and water and dectricity charges from October 1, 1984 to December 31, 1987. To say the least, such an action on the part of such a big organisation like the respondent cannot be appreciated. It has been held in Sushma Gussain v. Union of India, (1990-I-LLJ-169) (P.170) , "9. We consider that it must be stated unequivocally that in all claims for appointment on compassionate grounds, there should not be any delay in appointment. The purpose of providing appointment on compassionate ground is to mitigate the hardship due to death of the bread earner in the family. Such appointment should, therefore, be provided immediately to redeem the family in distress. It is improper to keep such case pending for years. If there is no suitable post for appointment supernumerary post should be created to accommodate the applicant." 7. Accordingly, the writ petition is allowed with costs which are quantified at Rs. 2,000. The respondent is directed to make payment of the wages @ Rs. 28/-P day to the petitioner w.e.f August 1, 1985. The amount of the wages from August 1, 1985 to August 3, 1989 will be adjusted toward the rent and electricity and water charges of the quarter in occupation of the petitioner. The respondent will grant regular pay-scale to the petitioner on the post on which she is presently working w.e.f. March 4, 1989 and the arrears will be paid within two months from today. The respondent will not eject the petitioner from the quarter in her occupation till she is provided another quarter.Petition allowed. *******