Dwarika Bhuian Vs. Bharat Coking Coal Ltd. Through Its Chairman and ors. - Court Judgment

Excerpt:

- constitution of india. articles 12 & 226: [m. karpaga vinayagam, c.j., narendra nath tiwari & d.p.singh, jj] writ petition - maintainability - whether state co-operative milk producers federation ltd., is a state within meaning of article 12 ? - held, from perusal of relevant rules of byelaws, it is clear that state government has no role to play either in policy decision for raising funds for federation or its expenditure and thus have no financial control. further there is nothing to indicate that government has any functional and administrative control over federation. state government has no role to play in matter of appointment of any of officials of federation including managing director. federation is totally independent in all respects and in no way subservient to state government in conduct of its business. federation in no way can be termed as agency of state government and does not come within meaning of article 12 of constitution. writ petitions against federation is not maintainable. .....availability of such person, widow-daughter, widow daughter-in- law or son-in-law staying with the deceased may also apply for compassionate appointment, if the family is depending on such persons. it appears that the deceased had two sons. there is nothing on the record to show that on the date of death of the employee one or other son was alive or dead. admittedly, the petitioner is the son-in-law of .the deceased but, there is nothing on the record to suggest that the family of the deceased is depended on the son-in-law.3. in the circumstances, and in view of the fact that now--about ten years have been passed' after the death of the deceased, this court is not inclined to allow the prayer made by the petitioner.4. the writ petition is accordingly dismissed.

Judgment:

ORDER

S.J. Mukhopadhaya, A.C.J.

1. This application has been preferred by petitioner for compassionate appointment in place of his father in-law, late Sukar Bhuian, who was in the services of M/s. Bharat Coking Coal Limited and died in-harness on 3.1.1995.

2. From clause 9:3:3 of NCWA-IU it appears that the dependant such as widow/widower, unmarried daughter, son and legally adopted son can apply for compassionate appointment on the death of an . employee of M/s. Bharat Coking Coal Ltd. In case of non- availability of such person, widow-daughter, widow daughter-in- law or son-in-law staying with the deceased may also apply for compassionate appointment, if the family is depending on such persons. It appears that the deceased had two sons. There is nothing on the record to show that on the date of death of the employee one or other son was alive or dead. Admittedly, the petitioner is the son-in-law of .the deceased but, there is nothing on the record to suggest that the family of the deceased is depended on the son-in-law.

3. In the circumstances, and in view of the fact that now--about ten years have been passed' after the death of the deceased, this Court is not inclined to allow the prayer made by the petitioner.

4. The writ petition is accordingly dismissed.