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Compassionate Employment Cannot Be Granted After A Lapse of Reasonable Period: Supreme Court

The Supreme Court observed that compassionate employment cannot be granted after a lapse of reasonable period. Consideration of such employment is not a vested right which can be exercised at any time in the future. The Division Bench upheld the finding of the Single Judge of the High Court that there is no clause in the National Coal Wage Agreement which prevents a claim for compassionate appointment on the ground that another member of the family is in service. Before the Apex Court, the company contended that there is no right for compassionate appointment available to the surviving family members of the deceased employee in harness and one must seek appointment on compassionate basis in accordance with the relevant rules, regulations and schemes. In view of the delay in making a claim for compassionate appointment, the very purpose of providing compassionate appointment owing to the death of the breadwinner is not served.

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