LAWS(JHAR)-2016-11-80

MRS. JOHN MARIA, WIFE OF SHRI REGIUS BARA, RESIDENT OF QR. NO.B/178 DABRA P.O.& P.S. Vs. M/S CENTRAL COAL FIELD LTD., THROUGH ITS MANAGING DIRECTOR CUM CHAIRMAN CCL DARBHANGA HOUSE, P.O.

Decided On November 18, 2016
Mrs. John Maria, Wife Of Shri Regius Bara, Resident Of Qr. No.B/178 Dabra P.O.And P.S. Appellant
V/S
M/S Central Coal Field Ltd., Through Its Managing Director Cum Chairman Ccl Darbhanga House, P.O. Respondents

JUDGEMENT

(1.) The petitioner is aggrieved by denial of back-wages, which was communicated to her through order of reinstatement dated 12.08.2011.

(2.) Heard.

(3.) Referring to order dated 17.11.2003 passed in Title Suit No.227 of 2000 and legal-notice issued by the petitioner on 18.08.2004, the learned counsel for the petitioner submits that the petitioner is entitled for back-wages at least from 12.07.1999 till she was reinstated on 12.08.2011. It is contended that the petitioner, who was ready and willing to discharge her duty and who was prevented on account of illegal order of termination from service dated 12.07.1999, is entitled for full back-wages and allowances from the date of her termination from service. The learned counsel refers to and relies on decisions in Nawal Kishore Vs. State of Jharkhand & Ors. reported in 2013 (1) JCR 495 (Jhr) , Arjun Chaubey Vs. Union of Indian & Ors. reported in (1984) 2 SCC 578 and Devendra Pratap Narain Rai Sharma Vs. State of U.P reported in AIR 1962 SC 1334 to fortify the contention that the petitioner is entitled for full back-wages, allowances and consequential benefits such as promotion etc.