1. By way of this petition, the petitioner Corporation has prayed to quash and set aside the judgment and award of the Industrial Tribunal, Vadodara, rendered in Reference (IT) No. 8 of 2000, dated 13.05.2003, whereby the Tribunal allowed the reference in favour of the respondent.
2. The brief facts of the case are that the respondent, herein, is the younger brother of the deceased workman, Ganpatbhai Lallubhai Parmar. It appears that the deceased workman was suffering from T.B. and the present respondent being the younger brother of the deceased workman used to look after him, and hence, the deceased workman had filed an affidavit, dated 06.06.1996, whereby, he declared that he had no heirs and in the event of his death, the respondent, herein, be treated as his heir and given compassionate appointment and conveyed the same to the petitioner Corporation vide letter dated 02.08.1996. On demise of the original workman, the present respondent preferred an application dated 02.01.1997, claiming compassionate appointment as heir of the deceased, Ganpatbhai Lallubhai Parmar. However, the petitioner Corporation rejected the request of the respondent, and hence, the respondent raised industrial dispute. In the said proceedings, Industrial Tribunal, Vadodara, passed the impugned order and directed the petitioner to offer appointment on compassionate grounds to the present respondent. Being aggrieved thereby, the petitioner Corporation has preferred the present petition.
3. Heard, learned Counsel for the parties and perused the material on record. It is not in dispute that the respondent, herein, is the younger brother of the deceased workman. If, the Resolution No.616, dated 01.05.1977, of the petitioner Corporation is read with the Resolution of the Government Of Gujarat, dated 16.12.1991, it becomes clear that in the event of death of an employee, who is in service, the son, daughter or wife of such an employee shall be entitled to claim appointment on compassionate grounds and the same does not include brother or adopted son / daughter etc. as the heir. I am, therefore, of the opinion that the Labour Court has committed a grave error in directing the petitioner to offer appointment to the respondent, who is brother of the deceased workman, on compassionate grounds.
4. In the result, this petition is ALLOWED. The judgment and award of the Industrial Tribunal, Vadodara, rendered in Reference (IT) No. 8 of 2000, dated 13.05.2003, is hereby quashed and set aside. Rule is made absolute. No order as to costs.
UMESH (K.S.JHAVERI, J.)