- (1.) Heard learned counsel for the parties. Challenge has been laid to the judgment dated 7th September, 2012 rendered by learned single Judge in W.P.(S) No. 3521 of 2012, whereby the writ petition has been dismissed. Writ petitioner's application for compassionate appointment made on 14th December, 2006 after expiry of the stipulated period of 18 months in view of the circular dated 24th January, 2004 issued by Respondent-BCCL, on the death of her husband Late, Shibu Manjhi, Greaser Helper in Madhuban Coal Washery in harness on 26th February, 2005, was declined by the order dated 15/16th May, 2008 by the respondent authorities of BCCL. Writ petitioner being aggrieved approached this Court in the writ petition.
(2.) Learned single Judge upon consideration of rival pleas of the parties in the light of the pleadings on record, was of the considered view that the writ petitioner had preferred the application for compassionate appointment after expiry on 18 months period. It also took into account the judgment rendered by Hon'ble Supreme Court in the case of Mohan Mahto v. Central Coalfields Ltd. and Ors., 2008 AIR(SC) 39 also being relied upon by the writ petitioner-appellant in the present appeal to assail the impugned orders of rejection.
(3.) Learned counsel for the appellant has urged in support of the challenge that: (i) The National Coal Wage Agreement does not prescribe any limitation for making application for compassionate appointment. It is a binding settlement in terms of provisions of Industrial Disputes Act, 1947 between the parties. The respondents have fixed an arbitrary time limit of 18 months by way of a circular dated 24th January, 2004, which cannot have the force of law. This fixation of time has also undergone change over a period of time from 6 months to 1 year and 1 and 1/2 year by now. (ii) Learned single Judge has failed to consider the ratio rendered by Apex Court in the case of Mohan Mahto on this count. (iii) The lady applicant being illiterate had moved application after approximately 20 months of the death of her husband which has been arbitrarily declined by the respondent without looking to the provisions of the National Coal Wage Agreement and Social Wefare Scheme granting compassionate appointment to the dependent of employee dying in harness. Therefore, the order impugned suffers from errors and warrants interference in appeal.;