MD. RAHAMATULLA ANSARI Vs. COAL INDIA LTD.

JUDGEMENT

(1.) The petitioner was an employee of a colliery under the Eastern Coalfields Limited. Due to unexplained unauthorised absence for a continuous period of one year he was served with a charge sheet in the year 1990. The petitioner was dismissed from service by an order dated 7th June, 1991. The petitioner preferred an appeal against the said order of dismissal.

(2.) Challenging the inaction on the part of the Appellate Authority to dispose his appeal the petitioner approached this Hon'ble Court by filing a writ petition being CO No. 13030(W) of 1996. The said writ petition was disposed of by this Court by an order dated 3rd August, 1998 whereby the Court directed the Appellate Authority to dispose of the appeal filed by the petitioner within a specified period. The Court observed that in the event, any adverse order was passed against the petitioner, then it will be open for him to question the same by raising an industrial dispute.

(3.) The appeal stood rejected by an order dated 8/10th February, 2001 but, surprisingly he did not raise any industrial dispute. He preferred an application for review on 6/7th November 2012 which stood dismissed by an order dated 30th September 2013 on the ground that he filed the review application after an inordinate delay of 21 years and he has sustained himself for such a long time. It also mentioned that the petitioner was a habitual absentee and his case did not qualify for consideration as per the memorandum of settlement which was entered with the industrial trade unions of ECL.