EASTERN COALFIELDS LIMITED Vs. NAREN KORA

JUDGEMENT

(1.) THIS appeal has been preferred at the instance of the appellant-Eastern coalfields Limited assailing the judgment and order passed by the learned Single judge in the writ petition bearing W. P. No. 2272 of 2005 whereby and whereunder the said learned Single Judge allowed the writ petition and directed the appellant herein to allow the writ petitioner to join the service along with all consequential service benefits with retrospective effect i. e. from 11th August, 1980.

(2.) IT is the case of the writ petitioner that on 4th August, 1980 while working as an employee of Khandra Colliery under the appellant herein, he went to his native village having fallen sick and after recovery from the said illness wanted to join his duty on August 11, 1980 when the said writ petitioner noticed that one budhu Koley was working in his place upon falsely declaring himself as Naren kora namely, the writ petitioner herein. It has been submitted on behalf of the writ petitioner that immediate complaint was lodged before the authorities of the appellant herein inviting attention to the aforesaid incident of impersonation and for allowing the said writ petitioner to join the duties upon removing the impersonator. The writ petitioner, however, did not produce any receipt in order to establish that the aforesaid complaint was received by the appropriate authority of the appellant herein.

(3.) THE appellant, however, in Paragraph 4 of the Stay Application filed in connection with the present appeal has specifically mentioned that in the year 1983, writ petitioner made a complaint before the authority. The writ petitioner did not submit any further representation thereafter, claiming necessary relief from the authorities of the appellant herein till 4th March, 1993.