RAJESH KUMAR,J. - (1.) Heard counsel for the parties.
(2.) Present writ petition has been filed by the petitioner-BCCL Management against the Award dated 21.01.2015 passed in Reference Case No.37 of 2007 by learned Presiding Officer, Central Government Industrial Tribunal No.1, Dhanbad whereby reference has been answered positively i.e. in favour of the claimant-respondent, ordering for compassionate appointment under NCWA.
(3.) The mother-Chanda Modin of the claimant, who, was a regular employee of the petitioner-Management, on the post of Wagon Loader, has died in harness on 24.08.1999. On her death, gratuity amount has been received by the claimant-respondent and it has been asserted that the application has been made for compassionate appointment within time but the Management was sitting tight over the matter. Accordingly, industrial dispute has been raised by Janta Mazdoor Union vide I.D. No.1/23/2000-E5 in which management has appeared and has given assurance for providing compassionate appointment but subsequently, same has been denied and as such, fresh industrial dispute has been raised in the year 2005, as is evident from the conciliation failure report dated 11.04.2007, which has been referred as Reference Case No.37 of 2007. The terms of reference is as follows: "Whether the action of the management of Jeenagora Colliery of M/s B.C.C.L. Ltd. in not providing dependent employment of Kumari Shakuntala Modin, daughter of late Chanda Modin, Wagon Loader under provision NCWA is justified and legal? If not, what relief is the dependant of the concerned deceased employee entitled? From perusal of the written statement filed by the claimant/respondent, it appears that assertion has been made that the application has been made within time and being dependant unmarried daughter, she is entitled for compassionate appointment under NCWA. ;