GANGARAM Vs. SOUTH EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) In this batch of writ appeals, common question of law and fact is involved, therefore, they have been clubbed together, heard together and are being disposed of by this common order. (For the sake of convenience, WA No.594/2022 is taken as lead case).

(2.) The case of the petitioner / appellant herein is that appellant was working as General Majdoor, Category-I under the National Coal Wages Agreement (NCWA). The appellant was given appointment in lieu of compulsory acquisition of land belonging to the ancestors of the appellant. Subsequently, an inquiry was conducted by the respondent authorities with respect to legal heir certificate submitted by the appellant and found it to be forged and thus terminated the appellant from service vide order dtd. 26/7/2012. Thereafter, appellant has filed Writ Petition No.2669/2011 against the order of termination, which was disposed of vide order dtd. 5/1/2016 directing the petitioner / appellant herein to prefer appeal as per Clause 30 of the Certified Standing Order of the company. In pursuance of the order of this Court passed on 5/1/2016, the petitioner / appellant herein has preferred appeal before the Appellate Authority and the same was rejected vide order dtd. 18/4/2016 against which the appellant preferred WP(S) No.1154/2017 before this Court which was also dismissed by order of this Court dtd. 9/9/2022 on the ground of existence of alternative remedy.

(3.) Learned counsel for the appellants submits that impugned orders passed by the learned Single Judge are absolutely unjustified, arbitrary and against the provision of law. He further submits that the legal heir certificates of the petitioners / appellants herein are genuine and not forged which has been upheld by the competent authority. He further submits that availability of alternative remedy is not a bar in exercising the writ jurisdiction and, therefore, impugned order dtd. 9/9/2022 and termination order deserve to be set aside and appellant is directed to be reinstated in job with all consequential benefits including back wages.