Shree Chandrashekhar, J. - (1.) The petitioner is aggrieved of order dated 03.12.2015 by which she has been directed to produce declaration from a competent civil court on her status as legally-married wife of the deceased employee.
(2.) Admitted facts of the case are that the petitioner is the one whose name has been entered in PS-3 and PS-4 forms as wife of the employee-Charka Munda. The respondent authority in its order dated 03.12.2015 admits that the petitioner was married to the deceased employee, but subsequently she allegedly has deserted him. This appears to be the case admitted by the respondent no. 5- Laxmaniya Devi also who claims herself legally-wedded second wife of the employee-Charka Munda.
(3.) Whether the petitioner has deserted her husband and whether she was staying with another person with whom four children are born, are the issues which may be relevant in a proceeding instituted for declaring status of the petitioner as legally-married wife of the employee-late Charka Munda. As on the date when she has raised a claim for her appointment on compassionate grounds there is no declaration by a court that on account of her desertion, her marriage with the deceased employee stands annulled. Desertion is a ground for divorce, but mere allegation of desertion would not amount to divorce. In my opinion, in these facts the employer-M/s CCL cannot withhold compassionate appointment or monetary compensation payable to the petitioner under National Coal Wage Agreement.;