Case Note & Summary
The case involved an appeal by Steel Authority of India Ltd. against a judgment of the Jharkhand High Court regarding the compassionate appointment of the son of a deceased employee, Bhagirathi Das. Bhagirathi Das, who worked at Gua Ores Mines, died suddenly while on duty on February 11, 1996. His son, respondent No. 1, sought appointment on compassionate grounds after his representation was rejected. The Single Judge of the High Court dismissed the writ petition, citing disputed questions of fact. However, the Division Bench allowed the appeal, stating that the death occurred during employment and thus entitled the son to compassionate appointment. The appellant contended that the Division Bench erred by not adhering to the settlement terms, which required the death to be due to an accident arising out of employment. The court noted that the post-mortem report did not indicate an accident, and the respondent failed to prove that the death was caused by work-related stress or hazardous conditions. The court emphasized that compassionate appointments are exceptions to the general rule of merit-based recruitment and must be strictly governed by the relevant policies. Ultimately, the Supreme Court set aside the High Court's judgment, ruling that the conditions for compassionate appointment were not satisfied, and allowed the appeal without costs.
Headnote
A) Employment Law - Compassionate Appointment - Criteria for Appointment - Industrial Disputes Act, 1947, Section 12(3) - The court held that compassionate appointment cannot be claimed as a matter of right and must be based on specific criteria, including that the death must arise from an accident during employment. The Division Bench's conclusion that the death occurred in the course of employment was erroneous as it did not establish that the death was due to an accident (Paras 14-18).
Issue of Consideration
Whether the death of Bhagirathi Das occurred due to an accident arising out of and in the course of employment.
Final Decision
The Supreme Court set aside the impugned judgment of the High Court, ruling that the conditions for compassionate appointment were not satisfied, and allowed the appeal without costs.
Law Points
- Compassionate appointment
- tripartite settlement
- definition of accident
- burden of proof
- employment law
- Industrial Disputes Act
- 1947
- Workmen’s Compensation Act
- 1923
