(1.) Aggrieved by order dated 23.2.2004 passed by the Chairman-cum-Managing Director, Bharat Coking Coal Limited, the petitioner has approached this Court by filing the present writ petition.
(2.) The brief facts of the case are that the petitioner, a member of the executive committee of the Labour Union namely "Bihar Janata Khan Mazdoor Sangha" was working as Fitter/ Helper in the respondent-company. The petitioner was appointed in the year 1986 and his service was regularized on 20.06.1987. The said Labour Union took up the cause of its members for due date of their promotion, with the management of the respondent-company, and in that connection a notice was served on 12.5.1997 indicating that from 19.5 1997 to 2.6.1997 they would observe protest. It was also indicated by the secretary of the Union to the respondent-company that if their demands were not fulfilled they would sit on hunger strike. On 21.9.1997 one employee of the company namely, Dinesh Singh submitted a complaint to the respondents alleging abuse and assault by the secretary and other office bearers of the Union including the petitioner. The said complaint was forwarded to the officer in-charge, Baghmara police station and a case being Baghmara P.S. case no. 182 of 1997 under Sections 341, 323, 504, 34 I.P.C. was registered. On 21.9.1997 itself the order ofdismissal from service with immediate effect was issued against the petitioner and three other office bearers of the Union.
(3.) The order dated 21.9.1997 records that " Incidence of 21.9.1997 created panic amongst the workers of B.C.C.L particularly those who have participated in D.P.C. for their promotion . They are feeling unsafe, scared about security of their lives and property. Incidence in question has also been reported to the police. Shri Dinesh Singh has been hospitalized for treatment at Central Hospital , Baghmara".