Jharkhand High Court
Kaushilya Devi vs The Central Coalfields Limited ... on 25 August, 2023
1
IN THE HIGH COURT OF JHARKHAND, RANCHI
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Civil Review No.91 of 2022
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Kaushilya Devi .... Petitioner
-- Versus --
The Central Coalfields Limited and Others .... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner :- -------
For the C.C.L :- Mr. Anoop Kumar Mehta, Advocate
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04/25.08.2023 On repeated call nobody has responded on behalf of the
petitioner.
2. Heard Mr. Mehta, the learned counsel appearing on behalf
of the respondent C.C.L.
3. This civil review petition has been preferred for review of
the order dated 24.7.2019 passed in W.P.(S) No.264 of 2012 on the
ground that in absence of the petitioner, the said writ petition was
disposed of considering and holding that there is no provision of
appointment on compassionate ground for sister of the deceased
employee under the N.C.W.A. In that case, on that day, the learned
counsel for the petitioner has not appeared in W.P.(S) No.264 of 2012.
Today, again the learned counsel for the petitioner is not present.
4. Mr. Mehta, the learned counsel for the respondent C.C.L.
submits that the point on which the said writ petition was disposed of
again reiterated by the Division Bench of this Court in L.P.A. No.161 of
2022 which was decided by the order dated 23.02.2023. It appears from
the paragraph no.2 of the said judgment of the said L.P.A that the
dispute in that L.P.A was with regard to compassionate appointment of
sister under clause 9.3.0 of Chapter-IX of the prevalent N.C.W.A. The
Division Bench has considered that the learned Single Judge relying on
L.P.A. No.617 of 2017 and L.P.A. No.475 of 2017 passed the order which
was the subject matter in the present L.P.A. No.161 of 2022. In
paragraph no.5 the specific issue with regard to entitlement of sister for
appointment on compassionate ground, the issue was framed in the said
L.P.A and in paragraph no.6, 8 and 9, the different judgments have been
considered and finally the conclusion is made in paragraph no.10 which is
quoted below:
10) Thus, it is clear that compassionate appointment can be
made or directed to be made only if it comes within the four
corners of the rules or scheme framed thereunder. In this case,
there is an agreement between the Management and the Union
Representatives in pursuance thereof, the National Coal Wage
Agreement has been entered upon and as per the judgment
pronounced by the Hon'ble Supreme Court in the case of Mohan
Mahto Vs. Central Coalfields Ltd & ors (supra), this agreement is
binding on the parties in terms of Section 18(3) of the Industrial
Disputes Act, 1947. In that view of the matter, this Court is of the
opinion that the judgment passed by the learned Single Judge
applying the judgment passed by the Division Bench in L.P.A.
No.617 of 2017 is per incuriam. The learned Single Judge has not
considered the settled principle of law as enunciated above and in
that, we are inclined to allow the appeal and the appeal is
accordingly allowed. The judgment dated 04.11.2020 passed in
W.P. (S) No. 5577 of 2018 is hereby set aside.
In view of the above, it appears that there is no apparent
error on the face of the record on which the said writ petition was
dismissed.
However, as the counsel for the petitioner is not present,
the matter is being adjourned with a view to provide further one more
opportunity to the learned counsel for the petitioner, let this matter be
listed on 01.09.2023.
( Sanjay Kumar Dwivedi, J.)
SI/
