Nidhi Sinha vs The Chairman-Cum-Managing ...
2023 Latest Caselaw 1091 Jhar

  IN THE HIGH COURT OF JHARKHAND AT RANCHI
             L.P.A. No. 230 of 2021
Nidhi Sinha, aged 32 years, daughter of Late Mundar Prasad, resident
of Sarsphari Sarsa, near P.O & P.S Chirkunda, Dist Dhanbad,
Jharkhand
                                                     .......Appellant
                         -Versus-
1. The Chairman-cum-Managing Director of M/s Eastern Coalfields
   Ltd., Sanctoria, Burdman (West Bengla).
2. Chief Manager (Personnel), Eastern Coal Ltd., office at Mugma
   Area, P.O - Mugma, Dhanbad, Dist - Dhanbad (Jharkhand)
3. The Deputy Manager (Personnel), Eastern Coal Fields Ltd.,
   Lakhimata Colliery, Mugma Area, Dhanbad (Jharkhand).
                                   .......... Respondents/Respondents
4. Archana Kumari, wife of Late Amit Kumar Sinha, Resident of the
   Station Road, Chirkunda, Dhanbad.
                                         ........ Respondent/Petitioner
                         ---------
CORAM:               HON'BLE THE CHIEF JUSTICE
                HON'BLE MR. JUSTICE ANANDA SEN
                         ---------
For the Appellant:       M/s. Indrajit Sinha, Neeharika Roy, Advocates
For the ECL:             Mr. Rajesh Lala, Advocate
                         ---------
06/Dated: 13.03.2023

      Upon hearing the learned counsel for the parties, this Court

passed the following, (Per S. K. Mishra, C.J.)

                         ORDER

1) Two Interlocutory Applications, being I.A. No. 5694 of 2021 and

I.A. No. 5696 of 2021, have been filed for removing the defects

pointed out by the Office which are allowed.

2) In this intra-court appeal, the appellant has challenged the

common order dated 15.06.2021 whereby the learned Single

Judge has allowed the writ petition being W.P. (S) No. 3912 of

2020 filed by Archana Kumari and dismissed the writ petition filed

by the present appellant Nidhi Sinha being W.P. (S) No. 2709 of

2020. By virtue of the impugned order, a direction was given to the

respondents-Eastern Coalfields Limited to issue letter of

appointment to Smt. Archana Kumari, the private respondent.

3) The learned counsel for the appellant has fairly submitted that the

issue has already been settled by a Coordinate Bench of this Court

in L.P.A. No. 224 of 2021 as per the judgment dated 8th December,

2021.

4) The dispute between the private respondent and the appellant is

that who shall be given the rehabilitation assistance by the

employer in view of the common predecessor-in-interest i.e. the

brother of the appellant and husband of the private respondent

who died in harness. In the earlier Letters Patent Appeal, the

Coordinate Bench has held that in view of the specific provision

under Clause 9.3.3 of the National Coal Wage Agreement to give

priority in the matter of appointment on compassionate ground first

to the wife and such decision of the respondent-ECL vide order

dated 14.10.2020 has been accepted by the learned Single Judge

which does not suffer from any error.

5) In the meantime, Smt. Archana Kumari has already been

appointed by the respondents-ECL. Hence, this appeal is also

devoid of any merit and hence the same is hereby dismissed.

6) However, there shall be no order as to costs.

7) Urgent copies as per Rules.

(S. K. Mishra, C.J.)

(Ananda Sen, J.) Manoj/-