JUDGMENT
Narendra Nath Tiwari, J.
1. In this writ petition the petitioner has assailed the award dated 12.1.06 passed by the Presiding Officer, Central Government Industrial Tribunal No. 2, Dhanbad whereby the reference has been answered in negative. The petitioner-deceased workman’s wife had raised dispute as follows: “Whether the action of the Management of M/S TISCO Ltd. in denying to give employment to Smt. Anjana Gorai, wife of late Daso Gorai is justified? If not, to what relief is the said workman entitled?”.
2. The case of the concerned workman espoused by the sponsoring Union is that the concerned workman, deceased-husband of the petitioner was appointed by the Management at 6/7 Pits Colliery as Cat.I Mazdoor on 21.4.83. On 19.3.87 he was allotted duty from 8 A.M to 4 P.M. After completion of his duty he became seriously ill and was admitted to the Company’s hospital at Jamadoba at 9. P.M, but he died at 2.20 P.M on 20.3.87. After his death, the petitioner submitted representation to the Management for her employment on compassionate ground in place of her husband. Her prayer was not considered by the Management, though similar prayer of others was considered. The said attitude being discriminatory and arbitrary, industrial dispute was raised, which led to the said reference.
3. The stand of the Management was that since the said Daso Gorai did not complete five years of service and under the provision of the Company, his dependant is not entitled for compassionate employment. Further, according to the scheme of the company, the female relative of an employee, who worked in underground mines, is not considered as a dependant as the employment of female workers in underground mines has been strictly prohibited under the provision of Mines Act, 1952.
4. Both the parties filed their written statements and led their evidences before the Tribunal. Learned Presiding Officer on thorough consideration of the evidences and materials on record came to the finding that the said Daso Gorai was earlier engaged as temporary Cat.I Mazdoor and he became permanent w.e.f. 21.4.83. He; died on 20.3.87. He had thus worked for the period of three years, 11 months and one clay after getting his letter of appointment. Prior to the said appointment he was only on temporary roll and his work was stopped by the Management for certain months due to dereliction of duties by him which was evident from Ext. W.S 3/1. The said Daso Gorai had thus not completed the required period of service for consideration of his wife’s appointment on compassionate ground after his death. A provision has been made in Clause 3.6 of the Employment Procedures of the Company for providing employment to one dependant of the employee only in the cases in which a worker resigns or is discharged from services on medical ground. Learned Presiding Officer has concluded that since Dasa Gorai did not fulfil the said criteria, the application of his dependant cannot be considered under Clause 3.6 of the Employment Procedures of the Company. The learned Presiding Officer, thus, answered the dispute in negative.
5. The petitioner has admittedly claimed compassionate appointment under the provision of Clause 3.6 of the Employment Procedures of the Company which runs as follows:
One dependant of an employee suffering from T.B, Pneumoconosis, Leprosy and Nystagmus, which are not curable and due to which he resigns/is discharged medically, is considered for outright employment, provided he has put in minimum of five years of service and that he is below 55 years age on the date of resignation. It is applicable to those who were on roll on 27.10.1976 and afterwards. Approval to treat medical discharge alike resignation was granted vide letter No. RC/289/199 2/77 dated 1.6.1977 which was circulated vide letter No. JMB/476/007008 dated 6/7,6.1977. The disease Paralysis and Cancer has also been included with effect from 1.4.1981.
6. From bare reading of the said Clause, it appears that a dependant of an employee suffering from certain diseases due to which he resigns or is discharged medically, can be considered for employment, provided he put in minimum five years of service and he Is below 55 years of age on the date of his resignation.
7. Admittedly the deceased workman did not resign or was not discharged medically which is the precondition for consideration for giving employment to a dependant under Clause 3.6 of the Employment Procedures of the Company.
8. Learned Presiding Officer has held and the it is also an admitted position that late Daso Gorai had not resigned or had not been discharged medically. He has considered the petitioner’s claim as well as provisions of rule and has passed the impugned award refusing the relief prayed for by the petitioner. I find no infirmity or illegality in the impugned award so as to interfere with the same.
9. This writ petition is, accordingly, dismissed.