BHARAT COKING COAL LIMITED Vs. CHAMPA RANI SETHI

JUDGEMENT

(1.) BOTH the appeals have been preferred assailing the same judgment and order dated 6th October, 2005 passed by the learned Single Judge while deciding the writ petition filed by the widow of an employee of Bharat Coking Coal Limited. The said appeals were heard analogously for the aforesaid reason and are disposed of by this common judgment.

(2.) FROM the records we find that the deceased husband of the writ petitioner was a permanent employee of Basantimate Colliery under Bharat Coking Coal limited. The said deceased husband of the writ petitioner herein was chargesheeted along with one other employee namely, Trinath Sethi on the same day i. e. on 16th July, 1998 on the identical charges and were placed under suspension. In view of issuance of the aforesaid charge sheets, the deceased husband of the writ petitioner along with the other employee namely, Trinath Sethi jointly filed a writ petition before this Court challenging the initiation of the disciplinary proceedings. Initially, Altamas Kabir, J. (as His Lordship then was) while considering the aforesaid writ petition bearing W. P. No. 1708 of 1998 on 24th September, 1998 not only directed the parties to file affidavits in the matter but, also passed an interim order pending hearing of the said writ petition to the effect that the disciplinary proceeding against the petitioners may continue and final order may also be passed, but the same should not be given effect to without obtaining leave of this Hon'ble Court. In view of the liberty granted by this Hon'ble Court by the aforesaid interim order dated 24th September, 1998, disciplinary proceeding initiated against the husband of the present writ petitioner was continued and final order of dismissal was also passed by the disciplinary authority on 23rd October, 2001. Unfortunately on 3rd November, 2001, the husband of the present writ petitioner died. The order of dismissal passed by the disciplinary authority in respect of the said husband of the writ petitioner herein was not given effect to till his death as no leave was obtained from this Hon'ble Court in compliance with the aforesaid interim order even though the said writ petition filed by the late husband of the present writ petitioner herein was not disposed of by that time. Afterwards, the said writ petition was dismissed on merits by this Court on 27th March, 2003 when the concerned writ petitioner namely, the husband of the present writ petitioner was not alive. After the aforesaid death of the husband, present writ petitioner claimed employment from the competent authorities of the Bharat Coking Coal Limited and also prayed for releasing the service benefits of his said deceased husband. Since the authorities of the Bharat Coking Coal Limited did not grant the aforesaid prayers made by the widow of the deceased employee (Linga Raj sethi), a writ petition was filed by the said widow which was finally disposed of by the learned Single Judge of this Court by the judgment and order under appeal. By the aforesaid judgment and order under appeal, learned Single Judge refused to grant all the service benefits of the deceased employee to the widow, namely, the present writ petitioner on the ground that during the life-time of the deceased employee, order of dismissal was passed by the disciplinary authority and the said order of dismissal remained unchallenged by the employee concerned. The learned Single Judge also observed that the present writ petitioner cannot challenge the order of dismissal issued to her late husband. The learned Single Judge, however, issued direction for payment of the terminal benefits to the present writ petitioner on account of dismissal of her late husband from service. The learned Single Judge further granted liberty to the present writ petitioner to make an application before the concerned respondent for a suitable employment, if permissible under the law. The writ petitioner being aggrieved by the aforesaid decision of the learned single Judge preferred an appeal before this Hon'ble Court which was numbered as A. P. O. No. 237 of 2006.

(3.) THE Bharat Coking Coal Limited was also aggrieved by the aforesaid order passed by the learned Single Judge and preferred another appeal therefrom bearing A. P. O. No. 613 of 2005 on the ground that this Hon'ble Court has no territorial jurisdiction to entertain the writ petition as no cause of action ever arose either wholly or partly within the territorial jurisdiction of this hon'ble Court.