G. L. SAGAR Vs. EDCIL (INDIA) LTD.

JUDGEMENT

(1.) This writ petition is preferred on behalf of the Petitioner laying a challenge to order dtd. 7/9/2016 passed by the Appellate Authority as also Disagreement Note dtd. 5/5/2016 issued by Respondent No.2. Writ of mandamus is sought for a direction to the Respondents to reinstate the Petitioner on the post of Chief General Manager with consequential benefits.

(2.) Factual matrix to the extent necessary is that Petitioner joined Respondent No.1/EDCIL (India) Ltd. and was promoted to the post of Manager in 1993 on which post he continued till March, 1995 when he was selected as Manager (Project Executive). In 2000, Petitioner was selected to the post of GM (Projects) and was confirmed on the post in July, 2001.

(3.) Petitioner avers that his services were suddenly terminated vide order dtd. 1/4/2003 which order was challenged by him in writ petition being CWP 3009/2003 before this Court. On 27/1/2004, matter was adjourned to 25/2/2004 by the Court, observing that if no counter affidavit was filed, allegations of the Petitioner will be treated as correct and writ will be disposed of on the next date. Before the next date of hearing, Respondents passed an order on 4/2/2004 withdrawing the termination order dtd. 1/4/2003 and Petitioner was permitted to join on 6/2/2004. In view of this order, writ petition was disposed of on 25/2/2004 as infructuous and Respondents were directed to pay to the Petitioner his wages w.e.f. 1/4/2003 to 6/2/2004 as per the applicable rules.