Indian Iron And Steel Company Ltd. v. Shamima Bano
2003-05-14
AMARESHWAR SAHAY, GURUSHARAN SHARMA
body2003
DigiLaw.ai
ORDER 1. Mr. Alam who was employed in Jitpur Colliery of M/s. Indian Iron and Steel Company Limited dies in harness on 30.3.1997. 2. An application was filed to consider the case of his son, Md. Aftab Alam, for appointment on compassionate ground on his place. The authority concerned decided to consider his case for employment as per seniority of death in harness cases. 3. Challenging the said decision dated 30.5.2001, W.P.(S) No. 3896 of 2001 was filed in this Court, which has been disposed of by the impugned order dated 6.12.2001, with a direction to consider his case for appointment on compassionate ground against the post to which he was eligible. If there was no vacancy, his claim was to be considered against near future vacancy, i.e, for the post, which may fall vacant within one year. 4. The appellant-Company challenged part of the direction to consider the case of other similarly situated persons for compassionate appointment along with son of late Md. Alam. 5. In our opinion, the aforesaid direction of the learned Single Judge in no manner has prejudiced the policy decision of the Company as per Clause 9.3.1 of National Coal Wage Agreement v. The Company itself on 31.5.2001 had decided to consider the case of son of late Md. Alam as per the seniority of death in harness cases. Learned Single Judge has not given any direction to consider the case of son of late Md. Alam for compassionate appointment as a special case, rather he is also to be considered along with other similarly situated persons. In this appeal the company has not disclosed the present position and/or approximate time which might take in the appointment of son of late Md. Alam in usual course. The order of the learned Single Judge was passed one year ago, but nothing is known up-till now, whether any post on which son of late Md.Alam was eligible for appointment has fallen vacant or not. 6. We, therefore, dispose of the appeal with a direction to the appellant- company to pass appropriate orders in accordance with law in respect of appointment of son of late Md. Alam on compassionate appointment within two months from the date of receipt of a copy of this order.