R.K.MERATHIA, J. - (1.) HEARD the parties.
(2.) PETITIONER prays for quashing the order dated 25.8.2003 (Annexure 8). By this the Central Government has refused to refer the matter to the Industrial Tribunal for adjudication, on the ground that the claim of appointment of the dependent of the deceased has been raised after nine years of the death of the employee. Learned counsel for the petitioner submitted that there was no delay. The concerned employee died on 4.7.1993. The dependent Dhaneshwar Beldar claimed employment, vide letter dated 8.9.1993, which was rejected on 21.9.1993, on the ground that he was minor. After attaining majority, Dhaneshwar Beldar again made an application on 17.5.2000 for his employment, which was again rejected on 26.3.2001. The dispute was raised on 27.11.2002. Therefore, it is submitted that there is no delay. The judgment dated 16.11.1995 rendered in CWJC No. 1960 of 1995(R) is relied on.
(3.) IT appears, from the said judgment that the learned Judge has found that compassionate appointment after a long delay is not likely to serve the desired object. However, on the question whether the Central Government or this Court should go into the merits of the claim or not, on the basis of the judgment of Supreme Court in AIR 1989 SC 1565, Telco Convoy Drivers Mazdoor Sangh V/s. State of Bihar, the order refusing to make reference was set aside and the matter was remanded for a fresh decision.;