D.G.R. Patnaik, J. - (1.) HEARD counsel for the parties and with their consent, this application is disposed of at the stage of Admission.
(2.) THE petitioner in this wilt application has prayed for a direction upon the respondents to make appointment of her son -in -law on compassionate ground, on the basis of the service of her deceased husband, who had died in harness while under the employment of the Respondent -B.C.C.L. From the undisputed facts as stated, it appears that upon the death of the deceased employee, the petitioner being the widow, had submitted her application for grant of compassionate appointment to her. Considering the fact that she was 39 years of age and has crossed the maximum age limit, the Respondents had refused to grant her compassionate appointment and had offered her alternatively, monetary compensation as envisaged under the relevant Clause 9.5.0 of the NCWA Agreement. The petitioner, however, refused to accept the monetary compensation and had insisted upon compassionate appointment for her son -in -law.
(3.) THE prayer for compassionate appointment of her son -in -law was refused by the Respondents on the ground that on the date of death of the deceased employee, his son was already employed under the Respondent -B.C.C.L. and as such, the family did not suffer any pecuniary hardship on account of the sudden demise of the deceased employee. The other ground on which the prayer was rejected is that the son -in -law cannot claim himself to be a dependent of the deceased employee as because in the service records of the deceased employee, the name of the son -in -law does not transpire as his dependent.;