Calcutta High Court (Appellete Side)
Sri Akshay Bouri vs The Eastern Coalfields Limited & Ors on 4 January, 2023
21.
04.01.2022
S.D.
W.P.A. 26963 of 2022
Sri Akshay Bouri
Vs.
The Eastern Coalfields Limited & Ors.
Mr. Arup Krishna Das
Mr. Sanjoy Ghosh
... For the Petitioner
Mr. Syed Nurul Arefin
...For the Respondents
The petitioner's brother died-in-harness on April 13, 2010 being an employee of the Eastern Coalfields (in short, "ECL"). As per the documents produced by the petitioner, he was 18 years 11 months approximately at the time of the death of his brother. The petitioner applied for compassionate appointment. Medical examination was conducted by the ECL on or about March 30, 2011. The petitioner was found to be aged between 17 years and 6 months and 19 years. Thereafter, the petitioner's prayer for compassionate appointment was rejected on August 31, 2016 for being under aged on the date of death of the deceased 2 employee. By a communication dated December 19, 2016, the senior Officer (P & A), Manderboni Colliery recorded that the case of the petitioner with regard to age should be reassessed and the prayer for appointment should be reviewed.
Mr. Das, learned counsel appearing on behalf of the petitioner submits that under National Coal Wage Agreement (NCWA) applicable at the time of the death of the petitioner's brother, the petitioner was entitled to be kept on Live Roaster even if it was found that the petitioner was 17 years 6 months and 13 days of age on April 13, 2010. The respondent authorities without keeping the petitioner on Live Roaster rejected the petitioner's prayer in violation of the provision of NCWA. Several representations were made by the petitioner, but till date no appointment has been given in his favour.
Mr. Arefin, learned counsel appears on behalf of the ECL and submits that no application was made by the petitioner to be kept on Live Roaster.
Having considered the rival submissions of the parties and the materials placed on record, this Court is of the view that there was no requirement of the petitioner to make an application for being kept on a Live Roaster since under the applicable NCWA, the petitioner was to be kept on Live roaster in the event he was more than 12 years of age on the 3 date of death of the deceased employee in place and stead of whom the petitioner was praying for an employment. In any event, the petitioner admittedly had completed 18 years on the date (March 30, 2011), the petitioner was called for the medical examination.
In the light of the discussions above, the respondent no. 3/the General Manager, Personnel and Industrial Relations, ECL is directed to consider the representation of the petitioner dated May 5, 2022 keeping in mind the provisions of the applicable NCWA at the time of the death of the deceased employee. In the event, the petitioner complies with all the necessary formalities, the prayer for compassionate appointment of the petitioner should be considered forthwith.
A long time has already elapsed between the death of the deceased employee in 2010 and the refusal on the part of the ECL to consider the case of the petitioner on an untenable ground.
With the directions aforesaid, W.P.A. 26963 of 2022 is disposed of.
All parties shall act on the server copy of this order duly downloaded from the website of this Court. 4
Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all the formalities.
(Lapita Banerji, J.)