EASTERN COALFIELDS LIMITED Vs. SUDAMA DAS

JUDGEMENT

(1.) This appeal was heard by us on November 15, 2006 when after perusing the judgment and order under appeal we were greatly embarrassed after going through some of the observations of His Lordship made in the judgment. We requested three stalwarts of this Court at the bar to address us only on the observations of His Lordship to be discussed hereinafter. Accordingly we adjourned the matter and heard the same on the next date i.e. on November 29, 2006. We, with due respect and gratitude record our deep appreciation for the assistance rendered to us by Mr. Moitra, Mr. Moitra and Mr. Mukherjee, three eminent Counsel of this Court.

(2.) The writ petitioner/respondent No. 1 was an employee of Eastern Coal Fields Limited being a subsidiary of Coal India Limited. Eastern Coal Fields Limited has its registered office within the State of West Bengal so as the holding company. Respondent No. 1, however, was working in Mugma Colliery in the district of Dhanbad in the State of Jharkhand. While he was working in the said colliery he was proceeded with departmentally and ultimately suffered an order of dismissal. The entire cause of action arose outside the State of West Bengal as the respondent No. 1 was proceeded with departmentally at Dhanbad and he was dismissed by his disciplinary authority at Dhanbad. The order of dismissal was made a subject-matter of challenge in the writ petition. In support of such contention Mr. Majumdar relied on an unreported decision of the Division Bench of this Court in F.M.A. No. 581 of 1999 where in an identical situation the Division Bench held that this Court had no jurisdiction to entertain the writ petition.

(3.) The relevant extract of the Division Bench decision so referred to by His Lordship in His Lordship's judgment is quoted below: