- (1.) JAYDEV Bauri was an employee of the Eastern Coalfields Limited. He died young age at the age of 30 years on 12th February, 2004. His widow namita the present writ petitioner applied to the employer for necessary steps in order that she might be given an employment in the place of her deceased husband. It is not in dispute that the bipartite agreement provides for such employment to a dependent of the deceased employee. Therefore, the Eastern Coalfields Limited was under an obligation to provide employment to the widow of the deceased. The deceased was survived by his parents, the widow and three minor children. The widow was at that point of time only 25 years old. Annexure "p-4" to the writ petition goes to establish that the necessary records including forms were filled up by her in august, 2004. Annexure "p-5" to the writ petition is a letter addressed by the Deputy CMC of the Eastern Coalfields Limited addressed to the Central hospital by which the hospital authorities were requested to conduct audiometry test as a measure of pre-employment medical examination. Eastern Coalfields Ltd. ultimately by a letter dated 30/31 March, 2007 rejected the prayer of the petitioner for compassionate appointment on the ground that the records of the company did not reveal that the writ petitioner was the wife of the deceased Jaydev Bauri. However, on 22nd June, 2007 gratuity payable to the estate of the deceased was paid to the writ petitioner namita by a cheque dated 22nd June, 2007. The present writ petition was filed on 23rd July, 2007 claiming a writ in the nature of mandamus directing the authorities to give a suitable employment to the writ petitioner and further and/or other ancillary reliefs. The principal defence advanced in the affidavit-in-opposition filed in Court was as follows:- "i state that Joydeb Bauri was an employee of Eastern coalfields Ltd. However, the said Joydev Bauri during his lifetime had never disclosed that Namita Bauri, the petitioner herein, was his legally married wife. The petitioner herein has also not been a position to establish the relationship that the petitioner had with joydeb Bauri".
(2.) WHEN the writ petition was taken up for hearing this Court found prima facie evidence to show that the writ petitioner was the widow of deceased Jaydeb. In that view of the matter to put the controversy at rest the order dated April 1st, 2009 was passed which reads as follows:- "the petitioner is directed to file a supplementary affidavit disclosing evidence that she is the legally married wife of the deceased workman within a week from date. Copy be served upon the respondents Eastern Coalfields Limited. Within a week thereafter, the petitioner, her mother-in-law and her children would appear before the General Manager, Bankola Area, E. C. L. Burdwan for interrogation. The General Manager, who shall interrogate the writ petitioner, her children and her mother-in-law, shall file a reply also indicating therein the substance of interrogation made by him. The matter shall be taken up for further hearing three weeks hence as "part heard matter".
(3.) PURSUANT to the aforesaid order General Manager of the company has interrogated the writ petitioner and her in-laws amongst others and the result of such interrogation by way of a report was furnished on April 15, 2009. The General Manager arrived at the following conclusion:- "based on documentary evidences produced by the petitioner and facts revealed from the interrogation, I am of the opinion that smt. Namita Bauri @ Nami Bauri is the wife of Late Joydev Bauri, ex- Ex-UG Loader of Kumardihi A colliery of Bankola Area, who may be considered for offer of employment by ECL subject to police verification. ";