Western Coalfields Ltd. v. Vice President, Jharkhand Colliery Mazdoor Union
2016-11-22
R.K.DESHPANDE
body2016
DigiLaw.ai
JUDGMENT : 1. Rule made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties. 2. In order to grant the benefit of employment on compassionate ground, the respondent was required to establish that the deceased employee had acquired the status of permanent employee after 12.06.1996 though initially he was appointed as a "Loader". This aspect has not been dealt with by the Central Government Industrial Tribunal at Nagpur. Without recording any finding on this aspect of the matter, the complaint has been allowed and the petitioner is directed to give employment to the respondent on compassionate ground. The impugned order, therefore, needs to be quashed and set aside with an order of remand. 3. In the result, the writ petition is allowed. The award dated 13.01.2014 passed by the Central Government Industrial Tribunal in Reference Case No. CGIT/NGP/14/2009 is hereby quashed and set aside. The matter is remitted back to the Tribunal to record finding on the claim of the respondent and then proceed to decide the matter in accordance with law. No order as to costs. The parties to appear before the Central Government Industrial Tribunal, Nagpur, on 19.12.2016. The CGIT to decide the matter within a period of three months as soon as the Court is occupied.