Rajesh Kumar, J. - (1.) By Court The present writ petition has been filed by the employer-Management for quashing the award dated 07.04.2005 passed by CGIT (No. 2), Dhanbad in Reference Case No. 228 of 1998 whereby the reference has been answered in favour of claimant directing the petitioner-Management to give employment to dependent's son namely Sagar Bauri as per clause 9.4.2 of NCWA-IV.
(2.) From the pleadings of the parties, it appears that the deceased workman namely Late Kisto Bauri has been appointed under the respondents on 06.12.1971 on the post of Fitter Helper. He has died on 03.08.1994 while in service. These facts are not in dispute.
(3.) On the death of the workman, his son namely Sagar Bauri has made an application for compassionate appointment on 28.06.1995 under clause 9.4.2 of NCWA-IV. The said application has been rejected on the ground that ex-employee was Badli worker. Against such order of rejection, an Industrial Dispute has been raised, which has referred as Reference No. 228 of 1998. Terms of reference is in following terms: "Whether the action of the management in denying the employment of the dependent son of Late Kisto Bauri Ex-fitter helper of Ena Colliery under para 9.4.2 of NCWA-IV is justified? If not, to what relief the dependant son of the deceased employee is entitled to?";