Petitioner challenged rejection of neciple's dependant employment claim. Bench held NCWA does not cover nephews and dismissed writ petition as devoid of merits.
Writ petition dismissed due to lack of merit.
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (SERVICE) NO. 1083 OF 2021
• Ku. Kusumlata Ramteke, D/o Late Shri Sukhram Ramteke, aged about 65 years R/o Qr. No. MIG-1/76, MP Nagar, Old Ward No.22 Korba, Tahsil and District Korba (CG) ... Petitioner
versus
| For Petitioner | : | Mr. Sanjay Yadav, Advocate, under instructions of Vikash Pandey, Advocate. |
|---|---|---|
| For Respondents/UOI | : | Mr. Aman Saxena, Advocate, under instructions of A.S.G. |
| For Respondents/SECL | : | Mr. Atul Kumar Kesharwani, Advocate, under instructions of V.R. Tiwari, Advocate. |
Hon'ble Shri Justice P. Sam Koshy Order on Board
12 /03/2021
1. The defaults pointed out by the Registry of this Court in the instant case stand ignored.
2. With the consent of learned Counsels for parties, heard the matter finally at admission stage itself.
3. Challenge in the present Writ Petition is to Annexure P-1, dated 14.6.2019, whereby the application of Petitioner for grant of employment to her nephew, Akash Choure, was rejected.
4. Perusal of impugned order, Annexure P-1, clearly reflects that under the provisions of the NCWA (National Coal Wage Agreement), Chapter 5 deals with Dependant Employment and Clause 9.3.3 thereof clearly defines various categories of dependants who could be entitled for dependant employment.
5. In the instant case, the deceased employee seems to have died as a bachelor. He had nominated his sister, the Petitioner herein, for all the death-cumretiral benefits. Now, the Petitioner has moved an application for seeking dependant employment in favour of Akash Choure, the nephew of deceased employee.
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6. Respondents having scrutinized the case of Petitioner found that the provisions of NCWA do not provide for grant of dependant employment to a nephew and therefore the case of Petitioner has been rejected.
7. There is no other strong material provided on record by Petitioner to substantiate her claim for grant of dependant employment in favour Akash Choure, the nephew of deceased employee, nor is there any order or circular showing the Clause 9.3.3. having further been diluted so as to bring “nephew” also within the ambit of dependant employment. In the absence of same, the rejection of the claim of Petitioner cannot be said to be in any manner bad or arbitrary.
8. Writ Petition therefore being devoid of merits deserves to be and accordingly dismissed.
Sd/- (P. Sam Koshy) JUDGE
/sharad/
1 issue framed by the court
Whether the rejection of dependant employment application for a nephew under NCWA Clause 9.3.3 is bad or arbitrary.
Ku. Kusumlata Ramteke
Union of India
Assistant General Manager (Personnel)
Central E and M Workshop Korba
General Manager (Equipment), SECL
Deputy Personnel Manager
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
