- (1.) IN this writ petition, the petitioner has challenged the award dated 29.10.2008 (Annexure -3) rendered by learned Central Government Industrial Tribunal No.1, Dhanbad in Reference Case No. 128/1999, whereby learned Tribunal has answered the said reference in favour of the respondent No.2 -concened workman.
(2.) THE short fact of the case is that Jagat Bahadur was a permanent employee of M/S B.C.C.L posted as Night Guard at Godhar Colliery. In 1991, he was declared medically unfit and was stopped from duty w.e.f 17.9.1991. According to the provisions contained in Clause 9.4.0 of National Coal Wage Agreement -V (NCWAV), which provides for compassionate appointment to a dependant of such employee, Chandrakala Devi (respondent No.2), the only living wife of Jagat Bahadur, applied for her compassionate appointment in place of Jagat Bahadur on 26.9.1991. The Management kept the said application pending for several years. Chandrakala Devi, thereafter, raised a dispute which was ultimately referred to learned Tribunal and has been answered by the impugned award. It is relevant to mention here that Jagat Bahadur appeared before the Management and requested for giving employment to Chandrakala Devi stating that she is her only alive wife. The said fact has also been admitted by the Management in its written statement filed before learned Tribunal.
(3.) THE Management contested the said reference on the ground that the name of Chandrakala Devi is not mentioned in the list of the dependants in the service excerpts of Jagat Bahadur, which was prepared in the year 1987. She is a stranger and is not entitled to get employment under the provision of Clause 9.4.0 of NCWA -V.;