D.N. Patel, J. - (1.) This Letters Patent Appeal has been preferred by Respondent No.2 of the writ petition, being W.P.(L) No. 4692 of 2010, which was allowed by the learned Single Judge vide judgment and order dated 3 rd August, 2016. Said writ petition was preferred by the Management challenging award dated 27th December, 2009 passed by the Industrial Tribunal No.1, Dhanbad in Reference Case No. 143 of 2000. This award, passed by Industrial Tribunal No.1, Dhanbad, was quashed and set aside by the learned Single Judge and hence, this appellant has preferred the present Letters Patent Appeal.
(2.) Having heard counsels appearing for both sides and looking to the facts and circumstances of the case, it appears that mother of this appellant, namely Rani Rajwarin, who was working with M/s Bharat Coking Coal Limited-a public Sector undertaking, expired on 10th June, 1985 while she was in employment of Respondent No.1.
(3.) Application for compassionate appointment was preferred by this appellant on 16th April, 1991. The date of birth of this appellant is 5th May, 1976. In the year 1996, another application for compassionate appointment was preferred and as the compassionate appointment was not given, industrial dispute was raised under Section 10 of the Industrial Disputes Act and a reference was made by an appropriate Government being Reference No. 143/2000 and the terms of reference were being given as under: "Whether the demand of the union for employment of Sri Jadunath Rajwar, dependent son of late Rani Rajwarin, Ex-Wagon Loader from the management of Lodna Colliery of M/s BCCL under para 9.3.2. of NCWA-V is justified? If so, to what relief the dependent son of Late Rani Rajwarin is entitled?";