TULSI JAISEE Vs. M/S HINDUSTAN COPPER LTD.

JUDGEMENT

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

(2.) The present writ petition has been preferred against the notice dated 26.09.1998 issued by respondent no. 3 [the Executive Director (P & A), Hindustan Copper Limited] by reasons of which the service of the petitioner being an employee of the respondent-company, was terminated with effect from 30.09.1998 on the ground of closure of Musabani Mines on 28.08.1998. The petitioner has also prayed for his reinstatement in service and for payment of all consequential benefits to him.

(3.) Mr. Kishore Kumar Singh, the learned counsel for the petitioner submits that on 22.10.1963, the petitioner joined the service in the respondent-company as an Underground Mazdoor. The learned counsel for the petitioner also refers to a sample copy of appointment letter dated 002.1979 (Annexure-1 to the rejoinder filed by the petitioner), which indicates that the employee of the company could be posted in any other establishment of the company in India. It is further submitted that vide order dated 01.10.1997, the Government of India granted permission to the respondent-company to close its Musabani and Badia Mines under the Musabani Group of Mines with effect from 28.08.1998. Thereafter, a writ petition being C.W.J.C. No. 3113 of 1997(R) was filed by Musabani Mines Labour Union represented through its President challenging the decision of closure of the mines taken by the Government of India. However, during pendency of the said writ petition, the services of 200 employees were terminated including the petitioner vide impugned notice dated 26.09.1998.