BIJOY BOURI Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) By this writ petition the petitioner has inter alia prayed for a writ in the nature of Mandamus commanding the respondents to set aside the impugned charge-sheet and the order of dismissal, and to forbear from giving any effect or further effect to that and to reinstate the petition in the service with all back wages and for other consequential benefits.

(2.) The case of the petitioner is that he was appointed on May 6, 2002 at Basantimata Colliery, Bharat Coking Coal Limited. On September 19, 2005 he found that a list of employees was displayed in the notice board of the respondent no. 2 company, Chanch Victoria area, Barakar. This was an order of dismissal of several employees who were attached to different collieries. The petitioner was one of them. This was on the ground of absenteeism of the petitioner. The petitioner made a representation to the General Manager, Chanch Victoria area; but he received a reply from the Agent of the colliery rejecting the petitioner's prayer for reinstatement. By the present petition the petitioner has challenged the order of dismissal on various grounds.

(3.) The respondents have taken a point of the territorial jurisdiction of this court to entertain the petition as a preliminary point of objection about the entertainability of the petition. This point as such was heard as a preliminary point and the affidavit filed by the respondents nos. 2 to 5 are restricted to the question of the preliminary objection alone.