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As per case facts, the Petitioner sought dependant employment after his mother died in service. His application was rejected because his father was already employed. The Petitioner contested this, arguing
...that the National Coal Wage Agreement (NCWA), a binding settlement, does not permit such a denial. He also contended that the rejection was arbitrary and discriminatory, highlighting the delay in challenging the initial rejection. The question arose whether the Respondent Company could deny dependant employment solely because another family member was already employed, particularly when the NCWA lacked such a disqualification. Finally, the Court, relying on Supreme Court precedents, ruled that such a denial is legally unsustainable. It held that dependant employment under the NCWA is a right arising from a binding settlement, not a discretionary appointment, and cannot be curtailed by internal policies. The rejection was set aside, and reconsideration was directed without considering the father's employment status.
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