Case: Steel Authority Of India Ltd Vs. Madhusudan Das

3. Bhagirathi Das (deceased) was an employee of Gua Ores Mines, Gua, District - Singhbhum West belonging to appellant. On 10.02.1996, he was on C-3 Shift duty. He was asked to continue in the morning duty on 11.02.1996. While working, he suddenly collapsed and declared dead at the spot. He left behind his two wives, two married daughters, one unmarried daughter and three sons. Respondent No. 1 herein is son through his second wife, Mulgi Devi and one Goverdan Dass is the son through his first wife Savitri Devi.4. A representation was made by respondent No. 1 for his appointment on compassionate ground. The same was rejected. He filed a writ petition marked as Writ Petition (S) No. 507 of 2002 praying inter alia for the followingis, therefore, humbly prayed that your lordships may graciously be pleased to issue Rule NISI calling upon the Respondents to show cause as to why the petitioner be not appointed on compassionate ground and on return of the rule and after hearing the parties further be pleased to make the rule absolute against the Respondents.A learned Single Judge of the Jharkhand High Court dismissed the said writ petition on the ground that it involved disputed questions of fact. Aggrieved by and dissatisfied therewith, a Letters Patent Appeal was preferred by him which has been allowed by reason of the impugned judgment.

Reasoning: rights of the parties were required to be determined as on the date of the incident, namely, 9-10-1996. It is, therefore, difficult to hold that a subsequent event and that too by raising a presumption in terms of Section 108 of the Evidence Act can give rise to fructification of claim, save and except in very exceptional cases."For the reasons aforementioned, the impugned judgment cannot be sustained which is set aside accordingly.