LAWS(JHAR)-2015-5-56

SUNIL MODI Vs. EASTERN COALFIELDS LIMITED AND ORS.

Decided On May 21, 2015
Sunil Modi Appellant
V/S
Eastern Coalfields Limited And Ors. Respondents

JUDGEMENT

(1.) In the aforesaid writ application, the petitioner has inter alia prayed for issuance of a writ in the nature of mandamus commanding upon the respondents particularly respondent nos.5 and 6 to send to this Court all records appertaining to termination of service issued vide annexure-5 and for quashing and setting aside the letter of termination issued vide Ref. No.ECL/GM/MA/09/1468 dated 12/13.05.2009 (Annexure-6) and for reinstatement on the post of 'Underground Loader' with payment of back wages.

(2.) The factual matrix as delineated in the writ application in a nutshell is that due to untimely death of the father of the petitioner in harness, the petitioner was appointed on compassionate basis as an 'Underground Loader' in the year 1995. The petitioner continued to discharge his duty diligently without any blemishes till first half of January, 2004 but due to Acute Bronchitis and Pneumonia the petitioner remained absent from duties without any sanctioned leave. A departmental proceeding was initiated against him on 02.11.2007 and the petitioner appeared in the said proceeding. During inquiry, the petitioner has apprised the Inquiry Officer relating to his illness which forced him to remain absent from duties with effect from 27.01.2004. The petitioner also pleaded before the Inquiry Officer that his absence has not caused any pecuniary loss to the company since he was an 'Underground Loader' on piece rated basis, meaning thereby that wages were paid to him only on the basis of coal he would dig/cut and there was no salary for any time rated benefit extended to the petitioner. The enquiry report was submitted and second show cause notice was issued to the petitioner on 04.12.2008, vide Annexure-2 to the writ application and in pursuance to the said show cause the petitioner filed his reply on 18.09.2007 and subsequently on 10.10.2007, vide annexures-3 and 4 to the writ petition. But, without considering the said replies in a right prospective the respondent no.5 has terminated the petitioner from services with immediate effect, vide annexure-6 to the writ petition.

(3.) Per contra, a counter affidavit has been filed on behalf of respondent no.5 repelling the averments made in the writ application. In the counter affidavit, it has been inter alia stated that the petitioner was a regular absentee from duty and was not performing his duty properly. The details of the attendance of the proceeding of last three years is as follows: