YOGINDERA SINGH Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) THE two Writ Petitioners are the son and mother respectively, and they are both legal heirs of deceased Sitaram Singh, Ex-pump Khalasi, Chapui Khas Colliery, P.O. Kali Pahari, Dist. Burdwan. THEy have prayed for the issuance of a Writ of Mandamus Commanding upon the Respondents to provide employment to the Petitioner No. 1, Yogendra Singh under the "died-in-harness" Scheme under Clause 9:4:2 of the National Coal Wage Agreement-V or other relevant provisions and to release monetary compensation to the widow (Petitioner No. 2).

(2.) LET it be recorded that on 14th September 2011, Mr. Alok Banerjee, learned Counsel for the Respondents, had pointed out that the Petitioners had earlier moved this Court, for the self-same reliefs vide W.P. 8437 (W) of 2005 in the Appellate Side and in view of repeated non-appearance, the case was dismissed for default; interim Orders vacated and Rule, if any, discharged by Order dated 10.9.2009 passed by the Hon'ble Mr. Justice Girish Chandra Gupta.

(3.) IT appears that after dismissal of the said Writ Petition for default, it was never restored and in this Writ Petition, no statements have been made with regard to the dismissal of the said Writ Petition for default nor has any statement been made with regard to filing a similar Writ Petition earlier by the two Writ Petitioners as mentioned above.