- (1.) THE petitioner has approached this Court seeking a direction for appointment to her eldest son on compassionate ground.
(2.) HEARD learned counsel for the parties and perused the documents on record. The brief facts of the case are that, the husband of the petitioner was working as supervisor with one Birendra Mouar who was a cleaning contractor at Hot Strip Mill at Bokaro Steel Plant. The husband of the petitioner died on 01.01.1994 due to accident which happened in course of employment. After the death of her husband the petitioner filed W.C. Case No. 07 of 1994 under the Workmen's Compensation Act, 1923 and by order dated 18.08.2001, compensation was awarded to the petitioner. Since at the time of death of her husband, the son of the petitioner was minor, the petitioner on her eldest son attaining the age of majority represented before the respondent -company on 04.08.2008 for grant of compassionate appointment to her eldest son, who has passed matriculation and intermediate examination in the year 2006 & 2009 respectively. The petitioner has filed a sworn affidavit stating on oath that she is fully dependent on her eldest son namely, Rajesh Yadav for whom she has made application for grant of appointment on compassionate ground. An additional affidavit dated 09.12.2013 has been filed bringing on record letter dated 22.03.2010 which discloses that the respondent -authority itself has written a letter to the wife of a deceased employee who was working with M/s L.& T, offering appointment to her nominee on compassionate ground.
(3.) MRS . Shweta Singh, the learned counsel for the petitioner has submitted that once the compensation under the Wokmen's Compensation Act, 1923 has been awarded to the petitioner, the petitioner's husband would be deemed to be an employee of the respondent -company. Moreover, the respondent -B.S.P. was the employer of the husband of the petitioner and therefore, the petitioner who is solely dependent on her son has rightly made representation before the respondent -authority for grant of appointment to her eldest son on compassionate ground.;