TAPEN SEN, J. - (1.) HEARD Mr. R.S. Mazum -dar, learned counsel for the petitioner and Mr.A.K. Mehta, learned counsel for the respondents.
(2.) THE bone of contention in the instant case is that while on the one hand the petitioner asserts that his son -in -law namely Ashis Kumar Chowdhary is entitled to appointment on compassionate considerations, the respondents on the other, dispute the same and submit that he, not being a direct dependant, cannot be granted the said benefit as the Rule i.e. National Coal Wage Agreement specifically envisages that the dependent for purposes of the said Rule would mean the wife/husband as the case may be, or unmarried daughter, son and legally adopted son and only when no such direct dependent is available then it would mean the younger brother, widowed daughter, widowed daughter -in - law and son -in - law residing with the employee and almost wholly dependent on the earning of the employee. Reference may be made to the order dated 28.11.2002. Mr. R.S. Mazurndar on that day had submitted that there are three daughters and upon such a submission being made, Mr.A.K. Mehta had argued and had stated that these three daughters are direct dependents and that being the position, giving employment to the son -in -law would create further problems. Thereafter, Mr. R.S Mazumdar, learned counsel for the petitioner has filed independent affidavits of Mrs. Sadhana Bose wife of the petitioner wherein she has stated that she has no objection if Ashis Kumar Chowdhary, her son -in -law, is given employment, who is residing with the petitioner. Similar affidavits have been filed on behalf of Mrs. Anjana Das elder daughter of the petitioner, Ranjana Choudhary second daughter of the petitioner and Aparna Bose third daughter of the petitioner.
(3.) FROM the affidavits, so filed, it appears that Ashis Kumar Chowdhary, for whom the employment is sought for, is the husband of Ranjana Choudhary second daughter of the petitioner.;