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Budhni Devi @ Reshmi Devi vs The Central Coalfields Limited on 31 August, 2021

7. Learned counsel further submits that as the deceased employee was appointed as Trainee for a period of six months on initial basic wage of Category-I, no compensation can be granted to his family members in absence of provision under NCWA. In support of his contention, learned counsel places reliance upon the decision of this Court rendered in the case of Kunti Devi, decided on 29.11.2019 in W.P.(S) No. 6040 of 2018. Learned counsel further argues that even the Division Bench of this Court in the case of Central Coalfields Limited Vs. Rajan & Ors., decided on 22.11.2017 in L.P.A. No. 393 of 2017 held that those who are working as apprentice, trainee, probationer and if they expire, their legal heir cannot get the compassionate appointment.
Jharkhand High Court Cites 7 - Cited by 0 - S N Pathak - Full Document

Smt. Lilavati Devi vs Central Coalfields Limited on 7 March, 2019

4. Counsel for the CCL submits that the husband of the petitioner was a trainee employee and his service was never confirmed. He further submits that the confirmation period of six months has elapsed but there is no specific order of confirmation passed by the respondent authorities because it was found that the land, against which, the husband of the petitioner was employed, does not belong to him. He further submits that since the service of the husband of the petitioner was not confirmed, the petitioner is not entitled to be appointed on compassionate ground. He heavily relied upon the judgment dated 22.11.2017 passed by a Division Bench of this Court in LPA No. 393 of 2017 and its analogous cases (Central Coalfields Ltd. Vs. Rajan and Ors.), whereby, in the similar type of cases, the Division Bench of this Court held that the dependent of a trainee employee cannot be given compassionate appointment.
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Budhni Devi @ Reshmi Devi & Anr vs The Central Coalfields Ltd. & Ors on 26 July, 2021

On the other hand, Mr. Rajesh Lala, learned counsel for the respondent-CCL draws the attention of the Court towards order passed by Hon'ble Division Bench of this Court in case of Central Coalfields Ltd. Vs. Piyashi Devi in 2 LPA No.506 of 2017 and also in case of Central Coalfields Ltd. Vs. Rajan & Ors. in LPA No.393 of 2017 and submits that the Hon'ble Division Bench of this Court has held that legal heirs of employees working as apprentice, trainee and probationer are not entitled for compassionate appointment. However, he seeks sometime to seek instruction from the respondents in the matter.
Jharkhand High Court Cites 4 - Cited by 0 - S N Pathak - Full Document
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