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2017 DIGILAW 917 (JHR)

Dilip Chouhan v. General Manager, M/s E. C. L, Mandman Colliery, Mugma, Dhanbad

2017-06-13

APARESH KUMAR SINGH

body2017
Heard learned counsel for the parties. 2. The reference was made by the Central Government, Ministry of labour by order dated 28.5.2008 in the following terms:- “(i) Whether the action of the management of Mandman Colliery of M/s ECL in not providing dependent employment to Shri Dilip Chouhan against Late Lachhman Chouhan S/Loader under the provision of NCWA is justified and legal? (ii) To what relief is the claimant entitled?” The same has been answered against the petitioner by the learned Presiding Officer, Central Government Industrial Tribunal No.1, Dhanbad in Reference No. 23 of 2008 vide award dated 12.2.2016, impugned herein. 3. The workman, Late Lachhman Chouhan S/Loader admittedly died on 20.12.1986. Though petitioner claims to have made application on 29.9.1989 but the industrial dispute was raised through reference in the year 2008, almost 19 years thereafter. 4. As per the case of the management, in his application petitioner has stated that the deceased employee, Late Lachhman Chouhan was his grandfather (Nana), father of his mother. In terms of the provisions of NCWA also, quoted in the impugned award, grandson does not fall in the category of dependent entitled for employment on compassionate ground. Learned Tribunal has disbelieved the plea of the petitioner based upon ex-parte succession certificate and gratuity document that he is the son of late Lachhman Chouhan, the deceased employee, as no other document such as I.D. Proof, photo copy of ration card were adduced in support thereof. Petitioner in another affidavit had stated himself as Mahendra Chouhan and not Dilip Chouhan. In the said affidavit he has stated that Smt. Punia Devi is his sister. In the affidavit of Smt. Punia Devi, she is shown as aged about 45 years in 1989 and his younger brother is aged about 18 years. Petitioner in his cross examination has denied that Smt. Punia Devi is related to him. It further appears that petitioner was aged about 44 years and crossed the age of employment. Considering all these facts and circumstances, learned Tribunal was satisfied that action of the management of M/s Eastern Coalfield Ltd., Mandman Colliery, Mugma, Dhanbad in not providing dependent employment to the petitioner against Late Lachhman Chouhan under the provisions of NCWA is justified. 5. It further appears that petitioner was aged about 44 years and crossed the age of employment. Considering all these facts and circumstances, learned Tribunal was satisfied that action of the management of M/s Eastern Coalfield Ltd., Mandman Colliery, Mugma, Dhanbad in not providing dependent employment to the petitioner against Late Lachhman Chouhan under the provisions of NCWA is justified. 5. Upon consideration of these attendant facts and grounds and also on perusal of the impugned award, no infirmity is found on the point of law or on facts to interfere in the matter. 6. The writ petition is dismissed accordingly.