1911wp3125.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.3125 of 2009 (Roshan s/o. Ganpat Upare .vs. WCL and One) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha and F. M. Reis, JJ. Date : 19/11/2009. Heard Mr. A.K.Choube, Adv. for petitioner and Mr.S.C.Mehadia, Adv. for respondents. In the present petition, the petitioner is claiming appointment on compassionate ground. It is brought to the notice of this Court by Mr.S.C.Mehadia, Adv. for respondents that the father of petitioner died on 16.5.1999 while in the employment of Western Coal Fields Ltd. and on that day, the petitioner was 10 years and 5 months old i.e. less than 12 years. The Certificate annexed by the petitioner as Annexure-D to the petition corroborates this fact. It is submitted that this issue is covered by the order of this Court dt. 15.7.2009 rendered in Writ Petition No. 584 of 2009. Since the petitioner, at the time of death of his father, was less than 12 years, therefore, in view of clause 9.5.0 (III) of the National Coal Wage 1911wp3125.09.odt 2 . Agreement-VI, the petitioner cannot be kept on live roster. In view of the said clause as well as order dt. 15.7.2009 passed by this Court in Writ Petition No.584 of 2009, present petition suffers from lack of merits. Hence, the same is dismissed. JUDGE JUDGE jais