LAWS(CAL)-1994-1-33

CHITTARANJAN MONDAL Vs. EASTERN COAL FIELDS LIMITED

Decided On January 31, 1994
CHITTARANJAN MONDAL Appellant
V/S
EASTERN COAL FIELDS LIMITED Respondents

JUDGEMENT

(1.) THIS revisional application is directed against the successive orders passed by both the Id, courts below on 29. 4. 93, in T. S. No. 74 of 1993 and also in Misc. Appeal No. 17 of 1993 on 14. 5. 93. declining to find favour with the claim for temporary injunction of the petitioner-revisionist as an employee of the Eastern Coal Fields Ltd. when this revision preferred to explore the remedy. It is needless to say, that the orders complained of were passed by two different courts one by the Id. court of Munsif while the other by the Id. court of Asstt. Dist Judge.

(2.) THE petitioner-revisionist to forestall the claim of superannuation has cultivated in his revisional application sedulously that he was born on 27th day of July, 1935, which is borne out by 'b' form register identity card, service excerpts and the P. F. Account maintained by the opposite parties.

(3.) THE case of the petitioner as studiously agitated in the lanes and bylanes of the revisional application is that the service of the petitioner was wilfully and arbitrarily terminated by the opposite party under the pretence that he had already reached the age of superannuation on 16th day of march, 1993. The superannuation bore a dent as it was passed foreign to national Coal Wage Agreement arrived at and concluded between the management on the one hand and the workmen on the other. Undoubtedly the order of superannuation was tainted. There was a complete bankruptcy of administrative discharge of duties as the opposite party attached feather weight to the claim of the petitioner-revisionist in relation to the said agreement.