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Jharkhand High Court · body

2016 DIGILAW 1508 (JHR)

Bigan Bhuia, son of Late Kara Bhuia v. Bharat Coking Coal Limited through its Chairman

2016-10-28

S.N.PATHAK

body2016
JUDGMENT : Heard the parties. 2. The petitioner has filed the instant writ petition with a prayer to show cause the respondents as to why no employment on compassionate ground has been offered to him in spite of completion of all pre-employment formalities including medical board and further prayed for a direction to grant him appointment on compassionate ground. 3. The factual exposition as delineated in the writ application is that the petitioner's mother who was a permanent employee of BCCL and posted as Aia (Maid Servant) at Regional Hospital, Bhuli died in harness on 19.12.2006. On 02.01.2007, the petitioner applied for employment on compassionate grounds. Thereafter, on 09.03.2007 the petitioner got family dependency certificate prepared from the BDO, Dhanbad. When no heed was paid on petitioner's application for appointment on compassionate ground, he represented before the Medical Superintendent, Regional Hospital, Bhuli on 27.10.2011. On 04.11.2011, the Medical Superintendent, Regional Hospital, Bhuli sent the entire employment files to the Manager, Koyla Bhawan for necessary action. Thereafter, the respondent – Senior Manager, P/HOD (NEE) sought a query dated 06.12.2012 from the Chief Medical Officer, Regional Hospital Bhuli regarding actual date of submission of application of the petitioner. Thereafter, one more letter was sent by the Senior Manager P/ HOD (NEE) seeking query dated 29.08.2013 from the Chief Medical Officer, Regional Hospital, Bhuli regarding format of sending employment papers. Finally the petitioner received a letter dated 15.11.2013 by which he was asked to appear for pre-employment medical board on 03.12.2013. 4. Learned counsel for the petitioner submits that though the petitioner fulfills all the criteria for employment/appointment on compassionate ground but he has been denied the said benefits without any reason. Every time he has been asked to come prepared with one or another document. Only in order to defeat petitioner's right, the petitioner has been denied his legitimate right. It is further submitted by learned counsel for the petitioner that National Coal Wage Agreement being a statutory agreement for the purposes of determining the wage structure and other conditions of service including the fringe benefits of workmen of coal industry is enforceable by way of writ jurisdiction of this Court and the stipulation made in National Coal Wage Agreement as contained in Chapter – IX being Social Security Scheme, are mandatory guidelines enforceable in the eye of law. Learned counsel for the petitioner further submits that non-consideration of legitimate claim of the petitioner is gross violation of law though no delay was caused from the side of the petitioner and he had submitted application on due time after death of his mother. 5. Mr. Anoop Kumar Mehta, learned counsel for the respondents BCCL candidly makes his submission controverting arguments submitted by learned counsel for the petitioner. By referring counter affidavit learned counsel submits that during pendency of the writ application, petitioner has been issued appointment letter bearing Ref. No. BCCL/ PAVI/3(13)/HQ/08/2016 – 671826, dated 29.08.2016 for appointment to the post of Trainee (UG) on initial basic wage only of CatI. Subsequent to the issuance of offer of appointment, the petitioner has also been posted as Trainee (UG) at Kusunda Area in the underground as Trainee for a period of 6 months after which he shall be regularised as General Mazdoor (UG) in Cat.I of NCWAIX subject to other formalities. The petitioner has been directed to report to the General Manager, Kusunda Area for further assignment of duty. Thus, after offer of appointment to the petitioner, no further dispute survives. 6. Considering the submission on behalf of learned counsel for the respondents, since grievance of the petitioner has already been redressed, this writ petition is disposed of.