I.P. Mukerji, J. - (1.) This appeal relates to a deceased employee of Eastern Coalfields Ltd, the second respondent. At a particular point of time when this organization was in need of land they acquired it from land owners, amongst other methods, by entering into contracts with them. The terms and conditions of this contract formed part of the land losers' scheme. Devoid of any complexity the scheme provided for taking over ownership and possession of the land belonging to the land owners by the respondent Coal Company upon payment of monetary compensation. In addition, an heir or more than one heir of the owner's family, depending on the size of the land, were provided employment in the respondent organization. The person or the family whose land was taken was described as the land loser.
(2.) One such land loser was Arun Kumar Mukherjee, the original appellant/writ petitioner. Reference to the appellant/writ petitioner in this judgment would refer to him. The letter of the second respondent Company signed on 23rd November, 1993 acknowledged that the date of birth of the appellant/writ petitioner recorded in their register was 28th August, 1961. By that letter, the appellant/writ petitioner was appointed as an employee of the second respondent.
(3.) All went well with the appellant/writ petitioner from the date of his appointment on 23rd November, 1993 till 24th June, 2011. All of a sudden on 24th June, 2011 he was issued a show cause notice by the Manager of Shyamsundarpur Colliery asking for an explanation why disciplinary proceedings should not be taken against him. He was charged with misrepresentation of his age with the added remark that he had been dishonest.;