Case Note & Summary
The petitioner, Maharashtra State Road Transport Corporation, challenged the judgment of the Industrial Court dated 23.09.2002, which partly allowed Complaint (ULP) No.320/1996 filed by respondent no.1, Ravindra Shantaram Palande, granting him compassionate appointment. The father of respondent no.1, Shantaram Parande, was a clerk with the corporation and died on 24.01.1979. At that time, respondent no.1 was a minor. The widow (mother of respondent no.1) submitted a request to appoint the brother of the deceased, Anton Damaji Parande, on compassionate grounds. Based on this request, Anton Parande, who was working as a daily wager intermittently, was granted compassionate appointment vide order dated 23.08.1982. Respondent no.1 became major in 1992 and moved an application on 23.02.1994 seeking appointment on compassionate grounds. The corporation informed him vide letter dated 07.04.1994 that his mother had requested appointment of the brother and accordingly Anton Palande was appointed. Respondent no.1 then filed Complaint (ULP) No.199/1994 before the Industrial Court, which was dismissed on 27.03.1996 as untenable. He then filed another complaint, which was partly allowed by the Industrial Court on 23.09.2002, granting him compassionate appointment. The High Court considered the submissions and found that the Industrial Court erred in granting compassionate appointment after 16 years of the death, especially when the widow had already obtained appointment for the brother. The High Court held that compassionate appointment is not a vested right and cannot be claimed after such a long delay. The petition was allowed, and the impugned judgment was quashed and set aside.
Headnote
A) Service Law - Compassionate Appointment - Delay - The son of a deceased employee sought compassionate appointment 16 years after the death of his father. The High Court held that compassionate appointment cannot be claimed after such a long delay, as the purpose is to provide immediate financial relief to the family in distress. (Paras 4-6) B) Service Law - Compassionate Appointment - Prior Appointment to Another Family Member - The widow of the deceased had requested appointment of the brother of the deceased, which was granted. The High Court held that once a compassionate appointment has been made to a family member, no further claim can be entertained. (Paras 4-6) C) Industrial Disputes Act, 1947 - Unfair Labour Practice - Complaint (ULP) - The Industrial Court's order granting compassionate appointment was set aside as it was based on an erroneous view that the son had a right to appointment despite the earlier appointment to the brother. (Paras 1-6)
Issue of Consideration
Whether the Industrial Court was justified in granting compassionate appointment to the son of a deceased employee after 16 years of the death, when the widow had already requested and obtained appointment for the brother of the deceased.
Final Decision
The petition is allowed. The impugned judgment of the Industrial Court dated 23.09.2002 is quashed and set aside. Rule is made absolute accordingly.
Law Points
- Compassionate appointment cannot be claimed as a matter of right
- delay in seeking appointment
- appointment already made to another family member
- no vested right to compassionate appointment after long delay
