Research › Search › Judgment

Jharkhand High Court · body

2003 DIGILAW 992 (JHR)

Mangi Devi v. Bharat Coking Coal Ltd.

2003-08-13

M.Y.EQBAL

body2003
ORDER M.Y. Eqbal, J. 1. Heard the parties. 2. Petitioner who is widow of the deceased-employee has move this Court challenging the order dated 15,6.2001 is sued by respondent No. 4, Project Officer, Gobindpur Colliery of BCCL refusing to give appointment to the petitioner under National Coal Wages Agreement on the ground that such application was filed at a belated stage. 3. From perusal of Annexure-2 to the writ application, it appears that the petitioners husband died on 8.5.1994 leaving behind his old father and the petitioner as widow. Respondents vide memo No. 2867, dated 2.12.1994 giving reference of the request of the petitioner to give employment and to pay gratuity and provident fund, asked the petitioner to submit certificates of the mukhiya and to fill up forms for the purpose of getting death-cum-retirement benefits and employment. Petitioner could not fulfill the Form because of objection raised by her father-in-law. However, father-in-law of the petitioner ultimately agreed not to make any objection, if employment is given to the petitioner, she immediately submitted necessary application in 1999 and filed up all the required forms. Respondents, therefore, vide, letter-dated 27.3.2000 issued under the signature of the Project Manager, Gobindpur Colliery directed the petitioner, to submit some documents. Copy of the letter issued by the respondent dated 27.3.2000 is annexed as Annexure-5 to the writ application. Petitioner, thereafter, immediately replied the said letter and submitted all the documents required by the respondents for taking final decision in the matter of employment. 4. Curiously enough, inspite of these facts, impugned order dated 15.6.2001 was issued by the respondents rejecting the claim of the petitioner on the ground that the claim is belated. In my opinion, decision of the competent authority of the respondents rejecting the claim of the petitioner on the ground of its being belated claim is illegal and wholly unjustified. 5. The petitioner who is widow of the deceased employee is entitled to get employment and/or compensation under National Coal Wage Agreement which has got the statutory force and the same cannot be equated with any circular or scheme issued by the Government compassionate appointment. In my opinion therefore, merely because of some delay in filling up required form the claim of the petitioner for appointment under National Coal Wage Agreement could not be rejected. 6. In my opinion therefore, merely because of some delay in filling up required form the claim of the petitioner for appointment under National Coal Wage Agreement could not be rejected. 6. This writ applications is, therefore, allowed and the impugned letter as contained in Annexure-7 to the writ application is quashed. Respondents are directed to reconsider the claim of the petitioner and take appropriate decision in accordance with the law within a period of six weeks from the date of receipt of copy of this order. 7. Needless to say that in the mean time, respondents shall release the death-cum-retiral dues, which are not said to have been paid to the petitioner. Petition allowed.