High Court allowed the appellant's writ appeal dismissing the Single Judge's order. The Court held that directing the company to consider dependent employment was misplaced as benefits were previously extended to other dependents and the deceased father was a minor.
The appeal against the Single Judge's order was allowed and the order dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Appeal No. 741 of 2018
---- Appellants
Versus
Ajay Kumar S/o Late Jagannath, aged about 22 years, R/o West Chirimiri Colliery, Tahsil Baikunthpur, District Korea, Chhattisgarh.
---- Respondent
For Appellants : Shri Vinod Deshmukh, Advocate. For Respondent : None
Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge
Judgment on Board
Per Ajay Kumar Tripathi, Chief Justice
10/10/2018
1. Heard learned counsel for the Appellants and perused the impugned order dated 11.10.2017.
2. We do not find that in the given facts, a direction upon the AppellantCompany to consider the claim of the private Respondent for dependent employment in terms of the National Coal Wage Agreement-V can be said to a misplaced kind of decision keeping in mind that when death of the father of Appellant happened, he was a minor and even otherwise, neither any monitory compensation has been paid nor any benefit has been extended to the dependents including the wife of the deceased employee.
3. The appeal has no merit. It is dismissed.
Sd/Sd/(Ajay Kumar Tripathi) (Parth Prateem Sahu) CHIEF JUSTICE JUDGE
Amit
2 issues framed by the court
Whether a direction to the appellant company to consider the private respondent's claim for dependent employment under the National Coal Wage Agreement-V was misplaced.
Whether the appellant's appeal has merit.
1 provisions across 1 enactments
M/s. South Eastern Coalfields Limited
Ajay Kumar
Ajay Kumar Tripathi
Parth Prateem Sahu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
