HINDUSTAN COPPER LIMITED Vs. BIHARI LAL MEENA

JUDGEMENT

(1.) CHALLENGE in this intra court appeal is to the order dated 13th January, 2006, whereby the learned Single Judge dismissed S.B. Civil Writ Petition No. 6761/2002.

(2.) ADUMBRATED in brief, the facts of the case are that the respondent no.1 - Bihari Lal Meena was initially appointed as Mazdoor in the services of Khetri Copper Complex vide order dated 16th July, 1974. Pursuant to this order, he joined on 24th August, 1974. It is alleged that after joining the services in August, 1974, the respondent no.1 became habitual of remaining absent from duty intermittently. Albeit, the Disciplinary Authority, punished him with the stoppage of Annual Grade Increment with cumulative effect for his misconduct, yet he finally absented himself from 12th July, 1978. Resultantly, the Management of Khetri Copper Complex struck off his name from the company roll on 18th October, 1978. After nine months of striking off his name from the attendance roll of the company, the respondent no.1 made a representation on 27th August, 1979 for re-employment as Mazdoor in the Company, but the Management having kept his past conduct in mind, turned down his request. Finally, he moved a representation on 17th September, 1987 to the Conciliation Officer. The Conciliation Officer submitted a Final Report to the Government on 23rd December, 1987 and the Government also, in turn, referred the dispute to the Labour Court vide order dated 26th July, 1988.

(3.) E Converso, the learned counsel appearing for the respondent no.1 defended the impugned orders and stated the same to be just and proper. He further contended that the workman Bihari Lal Meena was reinstated by the Management way back on 17th February, 2006 and since then he has been continuously in service. No complaint with regard to his indisciplined attitude and remaining absent from duty has ever been noticed by the Management nor has been suggested by the learned counsel for the appellant. Now, he has to work only for two years more and after completion of two years' service, he shall be superannuated. Otherwise too, the impugned orders passed by both the Labour Court as also the learned Single Judge are perfectly legal and just and do not justify any interference.