JAHARUDDIN MIAN Vs. CENTRAL COALFIELDS LTD , RANCHI

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The petitioner's grievance is that despite the fact that though pursuant to a settlement arrived at between the petitioner and the Respondents way back in 1997 the Respondents were obliged to reinstate the petitioner in service but the Respondents-Management had refused to accept his joining when he reported before the office of the Respondents-Management in February, 1998.

(3.) From the rival submissions of the learned counsel for the parties, it appears that when the petitioner had submitted his joining, instead of accepting the same, the Respondents had raised a dispute regarding his identity. On the suspicion that the petitioner is an impersonator, the Respondent-Management had referred the matter to the Superintendent of Police of the concerned district for making an enquiry regarding the identity of the petitioner. The Report of the Superintendent of Police was received from which it was confirmed that there was no doubt regarding the identity, as he is the same person bearing the name of Jaharuddin Mian @ Jauhar Ali Mian. Despite such Report, the Respondent-Management did not accept the petitioner's joining and instead, had sought for obtaining the Report of the Finger Print Expert and had compelled the petitioner to submit its specimen finger prints. It appears that the first occasion, when the finger prints were taken, was in the year 2000 but on the purported ground that the samples obtained from the petitioner was not proper, the issue kept lingering for another four years and subsequently a fresh set of samples of his finger prints was obtained and sent for examination to the Expert. The Report of the Expert was received sometime in the year 2003 and upon the Report of the Expert, which also confirmed the petitioner's identity, the Respondent-Management ultimately condescended to accept the petitioner's joining sometime in January, 2004.