CIVIL APPEAL NO(S). 8726 OF 2018
SOUTH EASTERN COALFIELD LTD. & OTHERS VERSUS GULSHAN PRAKASH
DATE OF ORDER:
Ajay Rastogi, Bela M. Trivedi
Petitioner:SOUTH EASTERN COALFIELD LTD. & OTHERS
- The case concerns the respondent's compassionate appointment as a result of the loss of his father while he was on the job in 2007. One of the dependents applied for compassionate appointment under the system, namely the National Coal Wage Agreement (NCWA), a settlement within the meaning of Part 2(p) of the Industrial Disputes Act, 1947, which is binding under Section 18(3) of the Act. When the application of one of the respondent's dependents was rejected by the appellant employer because his mother was employed and capable of supporting her family, the respondent (dependent) challenged the decision by filing a writ petition before the Learned Single Judge of the High Court of Chhattisgarh, Bilaspur.
ANALYSIS BY THE COURT
- After considering the effect of the settlement agreement (NCWA) which is binding on the parties and the material on record, the learned Single Judge granted the writ petition with a direction to consider the candidature of the respondent (dependent) for compassionate appointment in terms of the settlement agreement (NCWA) under its judgment dated 21st December 2015, which became the subject of a challenge at the instance of the present apex court.
- According to the record, at the motion stage, the Division Bench, after hearing the parties and accepting the appeal, declined to grant the appellants' requested temporary relief. At the same time, he directed the appellants to ensure that the Order that was challenged before the Division Bench in writ appeal was followed. The order issued by the Division Bench of the High Court in a writ appeal on August 24, 2016, was challenged in this appeal.
- The stay has been in effect since the 30th of January, 2017. We were initially of the opinion that the appeal should be decided on merits rather than relegating the parties to have the writ appeal examined on merits by the High Court, but after reviewing the records, we believe that it may be advisable and in the interest of justice that the writ appeal pending before the High Court be heard on merits.
- We confidently assert that we have not formed an opinion on the merits of the case.
- The appeal is thus dismissed with a request to the High Court to hear the writ appeal on its own merits as soon as practicable.
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