NAREN KORA Vs. COAL INDIA LTD. AND ORS.

JUDGEMENT

(1.) Heard the learned Advocates appearing on behalf of the parties.

(2.) The present writ petition is primarily directed against the respondents Eastern Coalfields Limited seeking direction from the Court to allow him to join service along with all consequential benefits with retrospective effect. The case of the writ petitioner, in short, is that he was an employee of Khandra Colliery (N. K. J. Unit) under the Eastern Coalfields Limited. The petitioner in paragraph 4 of the writ petition stated that having fallen sick on August 4, 1980 he went to his native village and after recovery from his illness came back to the Colliery for attending his duty on August 11,1980 and noticed that one Sri Budhu Kole, son of Late Kali Kole, being the private respondent herein, was working in place and stead of the writ petitioner by declaring himself as Naren Kora, which happens to be the writ petitioner's name.

(3.) The matter of controversy was with regard to the actual identity of the person who was working in the Colliery, in place and stead of the writ petitioner herein. In this regard, it may be pertinent to mention that the matter came up for consideration before this Court in an earlier writ petition, being W. P. No. 5339(W) of 1997. The Court disposed of that writ application, which was filed by the person claiming to be Naren Kora (being the writ petitioner herein), by granting liberty to the respondent authorities to continue with the proceedings initiated by the said authorities strictly in accordance with the rules by giving adequate opportunity of hearing to that writ petitioner. The respondents authorities were further directed to give notice to the original person and the proceeding was directed to be held after giving an opportunity of hearing to the said original person.