- (1.) HEARD counsel for the parties.
(2.) FACTS of the petitioner's case are as follows: '' Petitioner's husband, late Pokhan Mahato, while being in employment under the Respondent -B.C.C.L., working at the Katras Choitudih Colliery, had died inharness on 27.6.2001. On 19.9.2001, that is within less than three months of the date of death of her husband, she submitted her application before the concerned authorities of her husband's employer for giving her employment. Such claim was made on the basis of the terms of Agreement under the National Coal Wage Agreement, which was then prevailing as part of the service conditions of the employees of the B.C.C.L. On the date of her application, she was less than 45 years of age and had stated categorically in her application that she, alongwith her children, were entirely dependant on the earnings of her deceased -husband and she is in need of employment for the sustenance of her family. Though her application was received in the office of the concerned authorities pf the respondents on 28.9.2001, but she did not get any prompt response from the respondents. About five months' later, she received a letter dated 6.3.2002, from the Respondent No. 4 asking her to submit her option for monetary compensation in lieu of employment. The petitioner replied to the letter declaring that she would opt for employment only and not for monetary compensation. Notwithstanding her firm reply, the respondents chose to declare by their letter dated 28.2.2002, issued more than five months from the date of her reply, that they had approved for payment of monetary compensation @ Rs. 3,000/ - per month. The petitioner was given to understand that her prayer for employment could not be conceded in view of the fact that she had crossed the age limit of 45 years. Counter affidavit has been filed on behalf of the respondents.
(3.) HEARD the learned counsel for the petitioner and learned counsel for the respondents.;