Case Note & Summary
The petitioner, Western Coalfields Ltd., challenged an award dated 13.01.2014 passed by the Central Government Industrial Tribunal, Nagpur, in Reference Case No. CGIT/NGP/14/2009. The Tribunal had directed the petitioner to grant compassionate employment to the respondent, the Vice President of Jharkhand Colliery Mazdoor Union, on the ground that the deceased employee was entitled to such benefit. The High Court observed that the Tribunal had failed to address a crucial issue: whether the deceased employee, who was initially appointed as a Loader, had acquired the status of a permanent employee after 12.06.1996. Without recording any finding on this aspect, the Tribunal allowed the complaint. The High Court held that the order was unsustainable and quashed the award, remanding the matter back to the Tribunal to record a finding on the claim of permanent status and then decide the matter afresh in accordance with law. The parties were directed to appear before the Tribunal on 19.12.2016, and the Tribunal was directed to decide the matter within three months.
Headnote
A) Industrial Law - Compassionate Appointment - Permanent Status Requirement - The respondent sought employment on compassionate ground for the deceased employee who was initially appointed as a Loader. The Tribunal allowed the complaint without determining whether the deceased had acquired permanent status after 12.06.1996. The High Court held that the Tribunal must first record a finding on this aspect before granting relief. The impugned award was quashed and the matter remanded for fresh consideration. (Paras 2-3)
Issue of Consideration
Whether the Central Government Industrial Tribunal erred in granting compassionate appointment without recording a finding on whether the deceased employee had acquired permanent status after 12.06.1996.
Final Decision
The writ petition is allowed. The award dated 13.01.2014 passed by the Central Government Industrial Tribunal in Reference Case No. CGIT/NGP/14/2009 is quashed and set aside. The matter is remitted back to the Tribunal to record a finding on the claim of the respondent and then proceed to decide the matter in accordance with law. No order as to costs. Parties to appear before the Tribunal on 19.12.2016. The CGIT to decide the matter within three months.
Law Points
- Compassionate appointment requires deceased employee to have permanent status
- Tribunal must record finding on permanent status before granting relief
