B.Bhattacharya, J. - (1.) In this writ application the employer has challenged an award dated November 7, 1996, passed by the Central Government Industrial Tribunal, Calcutta in Reference Case No. 43 of 1988 thereby passing an award in favour of the private Respondent holding that the management was not justified in not providing job to the said private Respondent who is admittedly a dependent of one Basola Kora, a casual employee of the establishment.
(2.) The following dispute was referred to the Tribunal: "Whether the action of the Management of Pandaveswar Colliery of E.G. Ltd. in not providing job to Shri Nata Kora, dependent of late Basola Kora who died in service, is justified? If not, to what relief Shri Nata Kora is entitled"
(3.) Before the Tribunal the dependent of the worker did not adduce any evidence but the employer produced evidence. The claim of the private Respondent is based on Clause 10.4.1 of NCWA-II which is quoted hereinunder: "Employment would be provided to one dependent of workers disabled permanently and those who meet with death while in service".;