- (1.) HEARD the parties.
(2.) PETITIONER who is widow of the deceased -employee has moved this Court challenging the order dated 15.6.2001 issued by respondent No. 4 Project Officer, Gobindpur Colliery of BCCL refusing to give appointment to the petitioner under National Coal Wages Agreement on the ground that such application was filed at a belated stage. From perusal of Annexure -2 to the writ application, it appears that the petitioner 'shusband died on 8.5.1994 leaving behind his old father and the petitioner as widow. Respondents vide Memo No. 2867, dated 2.12.1994 giving reference of the request of the petitioner to give employment and to pay gratuity and provident fund, asked the petitioner to submit certificates of the mukhiya and to fill up forms for the purpose of getting death -cum -retire -merit benefits and employment. Petitioner could not fulfil the Form because of objection raised by her father -in -law. However, father -in -law of the petitioner ultimately agreed not to make any objection, if employment is given to the petitioner, she immediately submitted necessary application in 1999 and filled up all the required forms. Respondents, therefore, vide letter dated 27.3.2000 issued under the signature of the Project Manager, Gobindpur Colliery directed the petitioner to submit some documents. Copy of the letter issued by the respondent dated 27.3.2000 is annexed as Annexure - 5 to the writ application. Petitioner, thereafter, immediately replied the said letter and submitted all the documents required by the respondents for taking final decision in the matter of employment.
(3.) CURIOUSLY enough, inspite of these facts, impugned order dated 15.6.2001 was issued by the respondents rejecting the claim of the petitioner on the ground that the claim is belated. In my opinion, decision of the competent authority of the respondents rejecting the claim of the petitioner on the ground of its being belated claim is illegal and wholly unjustified.;