L.P.A. No. 416 of 2012. Case: Chandan Ravidas Vs Bharat Coking Coal Ltd.. Jharkhand High Court
| Case Number | L.P.A. No. 416 of 2012 |
| Counsel | For Appellant: Shailesh, Adv. and For Respondents: Ananda Sen |
| Judges | Rakesh Ranjan Prasad and Rongon Mukhopadhyay, JJ. |
| Issue | Constitution of India - Article 12; Industrial Disputes Act, 1947 - Section 18(3) |
| Citation | 2015 (144) FLR 57 |
| Judgement Date | October 15, 2014 |
| Court | Jharkhand High Court |
Judgment:
Rakesh Ranjan Prasad and Rongon Mukhopadhyay, JJ.
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Heard learned Counsel appearing for the appellant and learned Counsel appearing for the BCCL.
One Braham Deo Ravidas was under the employment of Bharat Coking Coal Limited (hereinafter referred to as 'BCCL"). He was made to retire on 31.7.2004. The said Braham Deo Ravidas expired on 29.10.2005.
Thereupon, Chandan Ravidas, son of late Braham Deo Ravidas, filed an application before the authority for his appointment on compassionate ground in the establishment of BCCL.
When no decision was taken, he filed a writ application before this Court vide W.P.(S) No. 7123 of 2006. That writ application was disposed of on 11.12.2006, directing the Director (Personnel), Bharat Coking Coal Limited, Dhanbad to consider the claim of the petitioner and to pass appropriate order in accordance with law.
Pursuant to that order, claim of Chandan Ravidas for appointment on compassionate ground was considered but it was rejected on 17.3.2007.
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That order was challenged before this Court vide W.P.(S) No. 2668 of 2007. The said writ application was also dismissed vide order dated 18.12.2007, by holding that the application for appointment on compassionate ground has been filed by the petitioner after about 10 months of the retirement 6f his father from the service, m other words, the application for appointment has never been made on the ground that the father of the Chandan Ravidas died in harness. That order was challenged in Letters Patent Appeal bearing L.P.A. No. 24 of 2008. That was also dismissed on 10.6.2008. However, while dismissing, it was observed that if the petitioner is aggrieved by the date of retirement of his father, his remedy is elsewhere. Perhaps taking cue from the said observation, a writ application was filed by Shakunti Devi, widow of the deceased Braham Deo Ravidas vide W.P.(S) No. 2538 of 2008, praying therein to direct the respondents-BCCL to correct the entry in respect of date of birth of her husband-an employee of BCCL, on the plea that a notice had been served upon the deceased-employee on 1.4.2004, informing therein that Braham Deo Ravidas (husband of the petitioner-Shakunti Devi) retired on 31.7.2004, treating his date of birth as 4.7.1944, as recorded in E.D.P. records. Upon receiving of the said notice, an objection was taken to the effect that the entry in the E.D.P. records be recorded as per the entry made in Form-B Register and not to force him to retire on...
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