PUNU MUDI Vs. THE COAL INDIA LTD.

JUDGEMENT

(1.) These two writ petitioners have sought a direction upon the RespondentEastern Coalfield Ltd. to make payment of back wages for the period from 19th August, 1994 to 29th April, 2010 and 19th August, 1994 to 25th April, 2010 respectively with allowances. These two petitioners were in service under the Respondent E.C.L. from 31st March, 1973 as Pump Khalasi and 10th July, 1972 as Electrical Supervisor respectively before they were terminated by an order dated 19th August, 1994 by the respondentemployer.

(2.) As is evident from the first paragraph of the judgment dated 8th May, 2009 passed in the case of these petitioners earlier, the learned Single Judge of this Court, quashed the order of termination dated 19th August, 1994 on the grounds that principles of natural justice were not adhered by concerned authority of the respondents in passing the impugned order of termination. While doing so, at the concluding paragraph no. 21, learned Single Judge gave a liberty to the respondents to take a fresh decision in the matter in accordance with the procedure laid down under the law after giving a reasonable opportunity of hearing to both the petitioners and allowing them to submit their fair defence.

(3.) The respondent E.C.L. went in appeal being L.P.A. No. 345 of 2009 which was disposed of on 4th December, 2009 without interfering with the judgment of learned Single Judge. When the petitioners were not being reinstated, one of the petitioners preferred a Contempt Case (Civil) No. 588 of 2009, in which by an order dated 18th December, 2009, the respondents were directed to accept the joining of both the petitioners, however with a liberty to take any further decision in consonance with the liberty given to them under the original judgment passed in the writ petition. Subsequent to their joining accepted on 29th April, 2010 and 25th April, 2010 respectively, both the petitioners were proceeded against by a Memo of charge and after conclusion of the departmental inquiry, the Disciplinary Authority upon service of second show cause notice has passed an order of dismissal of both the petitioners.