M.Y.EQBAL, J. - (1.) IN the instant writ application, the petitioner seeks a direction upon the respondents to consider the case of the petitioner for appointment on compassionate ground and provide him employment as per National Coal Wages Agreement (in short N.C.W.A.).
(2.) THIS Court, on 2.3.2006, passed the following order : Petitioner 'sfather died on 1.8.1999 and after his death an application for compassionate appointment was filed on 7.2.2000. In 1999 -2000, according to the circular of the respondents, the time limit for filing application was six months from the date of the death Admittedly, therefore, the application was delayed by six days but the most surprising and shocking thing is that after 2 and 1/2 years the application was rejected by the respondents saying that it was barred by six days. The petitioner then approached the authorities, who issued a letter dated 25.9.2003, under the signature of Personnel Manager, Sawang Colliery, vide Annexure 7, asking the petitioner to give the real reason of delayed submission of application. The petitioner is said to have submitted the reason for delay of six days. According to the petitioner, thereafter, no reply was given by the respondents till date. In the aforesaid facts, this Court by order dated 19.12.2005 directed the respondents to file counter affidavit. More than two months have passed, no counter affidavit has been filed. Let respondents 4 and 5, Project Officer and Personnel Manager of Swang Colliery, Central Coalfields Ltd. - appear in person on 10.3.2006 to show cause why a proceeding for contempt be not initiated against them. Put up this case on 10.3.2006. It was only, thereafter, the officers of the respondents appeared and filed counter affidavit stating, inter alia, that the time limit for submission of application for compassionate appointment was six months from the date of death of the deceased employee vide, circular dated 12.12.1995. The petitioner submitted application, but the same was delayed by six days. Hence, the claim of the petitioner for compassionate appointment was rejected on the ground of limitation vide order as contained in the letter dated 19.7.2002. It is further stated that the deceased employee died on 1.8.1999 and by now, more than six years have elapsed. Hence, the very purpose of compassionate appointment has been defeated.
(3.) CLAUSE 9.3.2. of N.C.W.A. mandates the respondent -company to provide employment in case of death of a workman in course of his employment. By Circular dated 12.12.1995, issued by the respondents period of six months was prescribed for submission of application from the date of death of the deceased employee. The said circular dated 12.12.1995 was later on revised and the period was extended by one year vide circular dated 1.1.2002. The said circular came into effect from February, 2000. By another circular dated 19.6.2003, the period was further extended upto 1 -1/2 years for submission of application from the date of death of the deceased employee.;