- (1.) THE employee and the employer are both in appeal from the final order made on the writ petition by which the order of dismissal of the employee has been set aside but he has not been allowed back wages despite reinstatement. The employer seeks to support the order of dismissal; the employee demands his salary for the period that he has been wrongfully prevented from discharging his duties.
(2.) A post-graduate from the Indian institute of Technology, Kharagpur, the writ petitioner joined the services of Coal India limited in 1982 and, at the time of his alleged misconduct, was posted at the North Eastern coalfields. The writ petitioner remained absent from duty for about six months, tendered his resignation which was not accepted and was permitted to resume his post. Following an enquiry and the two-stage proceedings, he was dismissed from service on November 29, 2000. He sought to exercise his right of appeal by lodging it in January, 2002 which stood rejected on February 19, 2002 on the ground of delay.
(3.) W. P. No. 1014/2002 was launched before. this Court under Article 226 of the constitution of India which was disposed of on may 23, 2002. It was noticed that the grounds for condonation of the delay that had been cited by the writ petitioner had not been considered by the appellate authority. The final order on the first writ petition required the order of dismissal to be kept in abeyance and directed the appellate authority to consider the matter "in accordance with law including the question as to whether grounds have been made out by the petitioner for condonation of delay in filing the said appeal after affording the petitioner an opportunity of being heard in the matter. ";