Aparesh Kumar Singh, J. - (1.) HEARD learned counsel for the parties.
(2.) PETITIONER 's father, who was a Piece Rated Worker in Kujju Colliery of respondent -CCL, has died on 10.4.1991 in harness leaving behind the petitioner as one of the dependants. Mother of the petitioner is said to have died on 10.5.1995. As per the service excerpts, the petitioner was 10 years of age on 1.4.1987. Petitioner's claim for compassionate appointment made under para 9.3.2 of NCWA was refused by the impugned order dated 28.9.2000, Annexure 8, issued by the respondent no. 6, Personnel Officer, Kujju Area, CCL. Learned counsel for the petitioner, has submitted that the petitioner being the dependant minor son of the deceased employee, was entitled for compassionate appointment, which has been refused in an arbitrary and non -speaking manner by the respondents. It is his case that on wrong advice an industrial dispute was sought to be raised by approaching the Assistant Labour Commissioner (Central), Hazaribagh, which, however, ended in failure in December, 2009 and the Labour Department, Government of India refused to refer the dispute for adjudication on the ground of delay of 9 years, vide Annexure 6, the decision dated 10.3.2010. The petitioner is said to have realized during pendency of the conciliation proceeding that his appointment on compassionate ground had been rejected by the respondents in the year 2000 itself. According to the petitioner, his claim for compassionate appointment under NCWA, being in the nature of a social welfare scheme, should not have been refused. Therefore, the impugned order may be quashed with a direction to the respondents to provide employment to the petitioner in terms of NCWA. Counsel for the respondent -CCL, on the basis of averments made in the counter affidavit, submitted that after the death of the petitioner's father on 10.4.1991, his name was deleted from the roll of Kujju Colliery on 23/25.11.1991. It is not in dispute that the age of the petitioner was 10 years as on 1.4.1987, but, according to the respondents, there is no record available that petitioner's mother had made any application for employment on compassionate ground rather an application was made by the petitioner for keeping him in live roster. The petitioner had stated that his mother has already expired on 21.04.1993, however, as per death certificate submitted by the petitioner, she had died on 10.5.1995. That application was attested by the Personnel Officer, Kujju Colliery on 20.12.1996. It is submitted that the application of the petitioner for employment was forwarded to the Senior Personnel Officer but the proposal was not agreed by the authority and the petitioner was informed accordingly by the impugned order dated 28.9.2000 through registered post. Reference made to the Industrial Dispute by the petitioner was denied on the ground of delay. It is, therefore, submitted the petitioner is not entitled to any compassionate appointment at this stage.
(3.) HAVING regard to the rival submissions of the parties and in the aforesaid facts and circumstances, this writ petition appears to be suffering from gross delay and laches. Petitioner's father died on 10.4.1991 and the writ petition has been preferred in the year 2010 seeking compassionate appointment. The order impugned is also dated 28.9.2000 and at this stage the whole purpose and object of giving compassionate appointment would be defeated, if the claim of the petitioner is accepted. Even under NCWA, which is a social welfare scheme of coal company, the claim for compassionate appointment is to be considered within a reasonable time. In the instant case, since the petitioner has approached this Court after 10 years of the rejection of his claim and moreover industrial dispute raised on his behalf has already been negated on the ground of delay by the Ministry of Labour, Government of India, this Court is not inclined to exercise its discretionary jurisdiction.;