- (1.) THE present writ petition has been filed for issuance of an appropriate writ for quashing the award dated 28.6.2001 of the Central Government Industrial Tribunal (No.2) at Dhanbad in Ref. No. 19/1993 whereby and whereunder the Tribunal has been pleased to answer the reference in favour of the workman by directing the petitioner -management to provide employment to Smt. Mundri Devi.
(2.) IT appears that there was a reference made in the year 1993 which is quoted as under: - "Whether the action of the management of Bhagaband Colliery of M/s. BCCl is denying the employment to Smt. Mundri Devi, widow of late Rameshwar Hazam is justified in accordance with the clause 9.4.3 of N.C.W.A. -IV? If not, to what relief is Smt. Mundri Devi is entitled to - Finally, vide a well considered award passed vide impugned order, the learned Presiding Officer directed as under: - "The action of the management of Bhagaband Colliery of M/s. BCCl in denying the employment to Smt. Mundri Devi, widow of late Rameshwar Hazam is not justified in accordance with the Clause 9.4.3 of N.C.W.A. -IV. consequently, Smt. Mundri Devi is entitled for employment under the management."
(3.) THE management was directed to implement the award within a period of three months. The dispute related to the issue as to whether Smt. Mundri Devi, widow of late Rameshwar Hazam, was the wife of the deceased employee or not. All the relevant evidences were adduced and considered before the learned Presiding Officer and it was specifically recorded after giving a finding that she was the wife of the deceased employee and as per sub -clause (2) of Clause 9.4.2 of N.C.W.A. -IV, there was no restriction of age and thus, she was entitled to get employment on compassionate ground.;