- (1.) This Letters Patent Appeal has been preferred by the appellant against judgment and order dated 9th April, 2014, vide which the learned Single Judge has dismissed W.P.(S) No. 2999 of 2013. Facts of the case
(2.) This appellant, who was an employee of the respondents, on being declared medically unfit, sought employment for her step-son Ashok Kumar Mahto under Clause-9.5.0-V of the National Coal Wage Agreement (N.C.W.A.), which has been denied by the respondents. Hence, this appellant preferred W.P.(S) No. 2999/2013, which was also dismissed by the learned Single Judge vide order dated 9th April, 2014 and this Letters Patent Appeal has been preferred against this order of the learned Single Judge. Submissions made on behalf of the appellant
(3.) National Coal Wage Agreement is binding upon the parties: Counsel for the appellant has submitted that appellant, who was in the service of the respondents, has been declared medically unfit and therefore, as per Clause 9.5.0 of the National Coal Wage Agreement her step son, viz. Ashok Kumar Mahto should have been given appointment. Counsel for the appellant has relied upon the decision rendered by Hon'ble Apex Court in the case of MOHAN MAHTO vs. M/S CENTRAL COAL FIELD LTD. & ORS., 2007 4 JCR 146(SC) and submitted that National Coal Wage Agreement are binding upon the parties and a statutory force.;