The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (L) No. 6680 of 2023 Employers in relation to the management of C.V. Area, Basantimata Colliery of M/s BCCL through Sri Sudhakar Prasad S/o Ram Chandra Prasad, aged 55 years, General Manager, Chanch Victoria Area No. XII of B.C.CL, resident of Barakar, P.O.-Barakar, P.S. Kulti, Dist.- Paschim Bardhman, PIN 713324, West Bengal … … Petitioner Versus Their Workman represented through the Secretary, Jharkhand Colliery Mazdoor Union, Basantimata Branch, Area No. 12, P.O. P.S. and District- Dhanbad, PIN-828202 … Respondent … CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY ---
Legal Reasoning
For the Petitioner For the Respondents : Mr. Nipun Bakshi, Advocate --- : Mr. Amit Kumar Sinha, Advocate : Mr. Kalyan Banerjee, Advocate : Mr. Mrinal Singh, Advocate --- 07/12.11.2024 Heard the learned counsel for the parties. 2. This writ petition has been filed challenging the Award dated 28.09.2022 passed by the learned Presiding Officer cum Central Government Industrial Tribunal cum Labour Court (No. 1), Dhanbad in Reference Case No. 17 of 2017 whereby the Tribunal held that non providing of employment on compassionate ground to Shri Nayan Moni Gorai, son of late Tapan Gorai by the management of Basanti Mata Colliery of M/s BCCL is not justified and he is entitled for employment. 3. The learned counsel for the petitioner while challenging the impugned Award has submitted that Tapan Gorai, the father of Nayan Moni Gorai had himself obtained employment by impersonation in as much as he disclosed himself to be the son of Late Madan Gorai, but he was actually his son-in-law. He submits that when the very appointment of father of Nayan Moni Gorai was through impersonation, Nayan Moni Gorai was not entitled for any compassionate appointment. He has also submitted that appointment obtained by father of Nayan Moni Gorai through fraud is null and void and no benefit can flow out of such appointment. 4. He has submitted that late Tapan Gorai was subjected to disciplinary proceedings but before the matter could be concluded, he died. However, Tapan Gorai had admitted his guilt before the Vigilance Department. The learned counsel has also submitted that though the name of Tapan Gorai was not struck off from the rolls, but the fact that the ex-employee had obtained employment through fraud has not been properly considered by the Court and therefore the impugned award is perverse and calls for interference. 5. The learned counsel appearing on behalf of the respondents has opposed the prayer and submitted that every aspect of the matter has been considered and the departmental proceeding having not been taken to a logical end, it cannot be said that it was proved that father of Nayan Moni Gorai, namely, Tapan Gorai had obtained employment through fraud. He has also submitted that name of Tapan Gorai was also not struck off. The learned counsel has also submitted that the report of the Deputy Commissioner was exhibited before the learned Court which showed that exhibit M-11 and the report was in favour of Tapan Gorai. He has also submitted that had the disciplinary proceeding been taken to a logical end, it could have ended in favour of Tapan Gorai. The learned counsel submits that there is no perversity in the impugned Award calling for any interference. 6. learned counsel for After hearing the the parties and considering the facts and circumstances of this case, this court finds that pursuant to the reference, the petitioner as well as the respondent had filed their respective written statement. Upon perusal of the written statement filed by the petitioner and upon hearing the learned counsel for the petitioner the only objection which was taken with regard to claim of compassionate appointment of Nayan Moni Gorai was that late Tapan Gorai had obtained employment by wrongly disclosing the name of his father as Madan Gorai, rather Tapan Gorai was the son-in-law of Madan Gorai. It was also disclosed by the management that disciplinary proceedings were initiated but ultimately Tapan Gorai died in the midst of the disciplinary 2 proceeding and no order was passed and his name continued in the rolls of the petitioner. 7. This court finds that only one witness was examined on behalf of the Union namely the claimant Nayan Moni Gorai and certain documentary evidences were also filed. The management also examined only one witness and a number of documentary evidences were filed. The details of the exhibits have been mentioned in paragraph 8 of the impugned Award. The learned court after considering the various documents formulated the point for consideration in paragraph 12 as follows: - “Now, the only point of determination in this case is whether the action of management of Basanti Mata Colliery of M/s.BCCL in not providing of employment to Shri Nayan Moni Gorai, S/o Late Tapan Gorai on compassionate ground is justified? If not, what relief he is entitled to? 8. The learned court after considering the materials on record from paragraph 13 onwards has recorded that no documentary evidence of the management was produced to show that the deceased workman late Tapan Gorai had obtained the employment by practicing fraud and willful falsification of records of the company and the management also had not filed any documentary evidence to show that the proceedings of the enquiry had been concluded and the charges against late Tapan Gorai were proved. The learned court also recorded those charges against Late Tapan Gorai was not proved as he was not dismissed and therefore, at the time of his death, Tapan Gorai was in the roll of the company of the petitioner and ultimately held that Nayan Moni Gorai was entitled for employment. The learned court further directed that if Nayan Moni Gorai had crossed the maximum age limit of employment then upper age limit was directed to be relaxed for his employment and a direction was issued to give employment within a period of one month of publication of Award. The Award was passed on 28.09.2022 and published on 09.11.2022. 9. Having gone through the impugned award and the materials produced before the learned court and after hearing the counsel for the 3 parties this court finds that there is no illegality or perversity in the impugned award calling for any interference under Article 226 of the Constitution of India. The fact remains that the management failed to prove that late Tapan Gorai had obtained employment through fraud or falsification. Admittedly, the disciplinary proceeding initiated against Tapan Gorai was not taken to a logical end and the management also failed to prove the allegation against late Tapan Gorai even before the learned Labour Court. Accordingly, there is no merit in this writ petition calling for interference under Article 226 of the Constitution of India. Consequently, the writ petition is hereby dismissed. 10. Pending I.A., if any, is closed. Binit (Anubha Rawat Choudhary, J.) 4