The Court dismissed an appeal against an order denying compassionate appointment, noting the deceased's wife could seek appointment or monetary compensation under the National Coal Wage Agreement, effectively rejecting the appellant wife's claim.
None; the appeal was dismissed and the compassionate appointment claim was denied.
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.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 490 of 2014
With
I.A. No. 6083 of 2014
Manish Kumar Singh
.... Appellant
Versus
M/s. Bharat Coking Coal Ltd. & Others .… Respondents
CORAM: HON’BLE MR. JUSTICE VIRENDER SINGH, CHIEF JUSTICE HON'BLE MR. JUSTICE D.N. PATEL
For the Appellant : Mr. Sunil Kumar Sinha, Advocate. For the Respondents : Mr. Ananda Sen, Advocate
02/ Dated: 5th December, 2014 Per Virender Singh, C.J.:
I.A. No.6083 of 2014
Through the instant application, applicant-appellant seeks condonation of 21 days delay in filing the accompanied Letters Patent Appeal.
For the reasons carved out in the instant application and there being no serious objection from the side of the respondents, we hereby condone the delay of 21 days in filing the accompanied appeal.
I.A. No.6083 of 2014 stands disposed of.
L.P.A. No.490 of 2014
Admittedly, when the appellant-writ petitioner (for short hereinafter to be referred to as writ petitioner only) lost his father in January, 2004 he was hardly of the age of 10 years, therefore, his case for compassionate appointment, on the strength of National Coal Wage Agreement (N.C.W.A.),
could not be kept on live roster. All these aspects coupled with the fact that it is a case of belated application, the relief for compassionate appointment has been declined to the writ petitioner vide impugned order of learned Writ Court rendered in W.P.(S) No. 4888 of 2013. Being aggrieved of the said order, the instant appeal before us.
We have heard learned counsel Mr. Sunil Kumar Sinha appearing for the appellant and Mr. Ananda Sen, learned counsel appearing for the Respondent-B.C.C.L.
We do not find any infirmity in the impugned order calling for the indulgence of this Court. Even otherwise, it has been brought to our notice by Mr. Ananda Sen, appearing for respondents, that widow of the deceased can make representation for compassionate appointment which can be considered on the strength of the N.C.W.A., if applicable to her case, or in lieu of appointment, she can even claim for monetary compensation, if found entitled.
Dismissed.
(Virender Singh, C.J.)
(D.N. Patel, J.)
Birendra/
2 issues framed by the court
Whether the compassionate appointment claim can be reconsidered given the widow of the deceased may be eligible under the National Coal Wage Agreement.
Whether the decision below calling for indulgence was warranted in these facts.
Manish Kumar Singh
M/s. Bharat Coking Coal Ltd. & Others
Virender Singh
D.N. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
