SWARNLATA MASIH v. SOUTH EASTERN COALFIELDS LIMITED
WPS/2605/2026 · 2026-03-19
Shri Parth Prateem Sahu
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3418 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3418 (CHH) · dailylaw.ai ]
Judgment text
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2026:CGHC:13457
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2605 of 2026 Swarnlata Masih W/o Late Jainul Masih Aged About 70 Years R/o Gurukul Sanatorium, Near District Hospital, In Front Of Gurukul Boys Hostel, District- Gaurela-Pendra-Marwahi (C.G.)
... Petitioner(s) Versus 1 - South Eastern Coalfields Limited Through Chairman-Cum-Managing Director, South Eastern Coalfields Limited, Seepat Road, Bilaspur (C.G.) 2 - Director (Personnel) South Eastern Coalfields Limited, Seepat Road, Bilaspur (C.G.) 3 - Chief General Manager South Eastern Coalfields Limited, Hasdeo Area, District- Korea (C.G.) 4 - Personnel Manager South Eastern Coalfields Limited, Regional Workshop Bijuri, Hasdeo Area, District- Korea (C.G.) 5 - Superintending Engineer/ Incharge Regional Workshop Bijuri, Hasdeo Area, District- Korea (C.G.)
... Respondent(s) For petitioner : Ms. Mahi Pandey, Advocate For Respondents : Mr. Jitendra Nande, Advocate
HON'BLE SHRI PARTH PRATEEM SAHU, JUDGE
ORDER ON BOARD 20/03/2026
1. The petitioner have filed this writ petition seeking following reliefs.
“10.1 10.1. The Hon'ble Court may kindly be pleased to call for the entire record pertaining to the case of the petitioner.
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10.2. The Hon'ble Court may kindly be pleased to direct the respondent Company to consider and decide the claim of the petitioner's son for grant of dependent employment under the provisions of the National Coal Wage Agreement, in light of the settled position of law and judgment passed by Hon'ble High Court and Hon'ble Supreme Court.
10.3. The Hon'ble Court may kindly be pleased to direct the respondents to allow employment in favour of son of petitioner Sumit Masih deciding the representation of petitioner strictly in accordance with the provisions of the NCWA and the law laid down by this Hon'ble Court.
10.4. Any other relief, which this Hon'ble Court may deems fit and proper may also be awarded to the petitioner including the cost of the petition.
2.
Learned counsel for petitioner submits that father of petitioner died in harness on 25.11.1999, while working on the post of Turner in regional work shop Bijuri Colliery. After the death of his father, elder brother of petitioner submitted an application for grant of dependent employment, however, during pendency of application submitted by his elder brother, he also died. Petitioner thereafter had submitted representation/ application vide Annexure-P/1 on 11.11.2023, which is pending
consideration and therefore, direction be issued to the respondents to take decision on the application for grant of compassionate appointment, at the earliest, within specified time frame.
3.
Learned counsel for respondents submits that the petitioner is only seeking a direction to the respondent authorities to consider the application submitted by the petitioner for grant of compassionate employment, he is having no objection to the limited prayer.
4. On due consideration of the submissions made by learned counsel for the respective parties and the nature of grievance raised in the writ
3 / 3 petition, the writ petition at this stage is disposed of directing the concerned respondent(s) to consider and take decision on the application submitted by the petitioner for grant of dependent employment, in accordance with the clauses of the prevailing NCWA, expeditiously, preferably within a further period of four months from the date of receipt of copy of order passed by this Court.
5. Accordingly, this writ petition is disposed of with the aforesaid observation and direction.
Sd/- (Parth Prateem Sahu) Saurabh
JUDGE