BABY KUMARI Vs. BHARAT COKING COAL LTD

JUDGEMENT

(1.) HEARD Sri S.K.Laik, learned counsel for the petitioner and Sri Anoop Kumar Mehta, learned counsel for the respondent B.C.C.L.

(2.) THE petitioner in this writ application has prayed for quashing the order dated 27.12.2004 (Annexure -7) passed by the Respondent No. 2, whereby the petitioner's application for granting her dependent/ compassionate appointment, has been rejected. A further prayer has been made to direct the respondents to provide employment to the petitioner on the ground of her father's service.

(3.) SRI S.K.Laik, learned counsel for the petitioner would submit that the ground for rejecting the petitioner's claim is totally erroneous and arbitrary. The respondents ought to have considered the fact that the petitioner's claim for dependent/compassionate appointment is on the basis of the terms and conditions of the N.C.W. Agreement which lays down terms and conditions of service of the employees and is binding upon the employer also. Under the terms of the N.C.W. Agreement, the respondent employer is bound to provide employment to the dependent of the deceased employee who dies in harness. Learned counsel argues further that the Management of the respondent company cannot curtail the rights accrued under the terms of the N.C.W. Agreement by way of circulars and prescribing periods of limitation for filing applications.