Tapen Sen - (1.) THE two Writ Petitioners are the son and mother respectively, and they are both legal heirs of deceased Sitaram Singh, Ex-pump Khalasi, Chapui Khas Colliery, P.O. Kali Pahari, Dist. Burdwan. THEy have prayed for the issuance of a Writ of Mandamus Commanding upon the Respondents to provide employment to the Petitioner No. 1, Yogendra Singh under the "died-in-harness" Scheme under Clause 9:4:2 of the National Coal Wage Agreement-V or other relevant provisions and to release monetary compensation to the widow (Petitioner No. 2).
(2.) LET it be recorded that on 14th September 2011, Mr. Alok Banerjee, learned Counsel for the Respondents, had pointed out that the Petitioners had earlier moved this Court, for the self-same reliefs vide W.P. 8437 (W) of 2005 in the Appellate Side and in view of repeated non-appearance, the case was dismissed for default; interim Orders vacated and Rule, if any, discharged by Order dated 10.9.2009 passed by the Hon'ble Mr. Justice Girish Chandra Gupta. As a consequence, and on 14.9.2011, this Court directed that the records of the said Writ Petition being W.P. 8437 (W) of 2005 be put up along with this case. It was subsequently put up and this Court had the occasion to go through the records. It is found that in that Writ Petition, the Petitioner No. 1 was Smt. Meena Devi, wife of Late Sitaram Singh (i.e. the Petitioner No. 2 herein) and the Petitioner No. 2 was Yogendra Singh (i.e. the Petitioner No. 1 herein). In that Writ Petition, the same prayer to give employment to him (Yogendra Singh) was made with a further prayer for quashing a letter dated 10.11.2004 issued by the Manager of Chapui Khas Colliery which was marked as Annexure-P/7 therein. By reason of the said letter, Meena Devi was informed that her proposal to employ her son, Yogendra Singh was sent to the Head Quarters but the competent authority had not agreed on the ground that at the time of death of her husband, Yogendra Singh was 14 years, 8 months and 8 days old which was less than 15 years and therefore his case was not found to be eligible for keeping his name in the live roster. She was further informed that she would be paid monetary compensation of Rs. 2000/- (Rupees Two thousand) per month as usual.
(3.) IT appears that after dismissal of the said Writ Petition for default, it was never restored and in this Writ Petition, no statements have been made with regard to the dismissal of the said Writ Petition for default nor has any statement been made with regard to filing a similar Writ Petition earlier by the two Writ Petitioners as mentioned above. When confronted, Mr. Subrata Ganguly, learned Counsel for the Petitioner drew the attention of this Court to the "Record note of Discussions" brought on record vide Annexure-P/6 at Page 36 dated 14.8.2009. Upon a perusal of the same, it is evident that the said discussion was held when a hunger strike was resorted to by Smt. Meena Devi (Petitioner No. 2 herein) and another at the main gate of the CMD's Office, ECL, Headquarter Sanatoria. The said records note of discussion reads as follows:- "Record note of discussion regarding the Huger Strike staged by Smt. Mina Devi and Sri Ayub Khan on 14/8/09 at the Main Gate of the CMD's Office, ECL, Hq. Sanatoria. Management Side: Union Side Present: 1. GM (P &IR), ECL, Hq. 1. Sri R K Tripathi, Chief Org. Secy. 2. PM (IR), ECL., Hq. 2. Sri H L Soni, AGS 3. Sri Aparajit Banerjee, Secretary, HQ 4. Sri Chenges Khan, Branch President Details of Hunger strike till death Smt. Mina Debi Singh, wife of Late Sitaram Singh, Ex. Worker of Chapuikhas Kuardih Colliery, Satgram Area sat on Hunger Srike till death on 14/8/09 from 10.00 AMagainst the non providing employment to them. Salient poits of discussion: With directives of the competent authority, discussion held with the Union representatives involved. After prolonged discussion it is amicably agreed by the Management that proposal of employment to Smt. Mina Debi Singh, Wife of Late Sitaram Singh, Ex. Worker of Chapuikhas Colliery will be processed if the dependent is entitled for employment as per the provisions of NCWA. Since the matter is pending before the Hon'ble Court Kolkata, a proposal for out of Court settlement will be moved and after obtaining the approval of competent authority employment will only be provided to Smt. Mina Debi Singh after withdrawing the Court Case pending before the Hon'ble High Court, Kolkata. (Action Dy. P.M (Empl.) WD. ECL. HQ) Union pointed out that Sri Ayub Khan son of Late Barati Khan Ex. Security Guard of Kuarkih Colliery, Satgram Area was declared UNFIT in the IME thereafter again declared Medically Unfit by the Apex Board due to Thyroid, to be referred Apex IMEA because his Thyroidetory operation has already been done at BHU and he is now Fit for job as per Doctor's report submitted by the dependent. After discussion, it is agreed that the agreed points of the Structural Meeting held after the date of Apex will be explored for implementation Dy. PM (Empl.) WD has been advised to put up Note Sheet accordingly. (Action Dy. P.M (Empl.) WD. ECL. HQ) Management agreed to process the cases within 15 days. After assurance given by the Management the Hunger Strike called off by the concerned dependent of the deceased employees. GM (P &IR), ECL, Hq. Ref: ECL/GMP(IR)/C-6E/KMC/.............. DATE: 14/08/2009 cc- TS to D(P), for kind information cc- Dy. CPM, Satgram Area. With a direction to sent the employment file to Hq. Immediately cc- Dy. PM (Empl.)/WD, to process the proposal as agreed for. cc- Representatives of KMC Union ............ cc- Person concerned." (Quoted) ;