ASHOKE KUMAR MUKHERJEE Vs. EASTERN COALFIELDS LTD.
LAWS(CAL)-2009-9-93
HIGH COURT OF CALCUTTA
Decided on September 09,2009

Ashoke Kumar Mukherjee Appellant
VERSUS
EASTERN COALFIELDS LTD. Respondents

JUDGEMENT

Jayanta Kumar Biswas, J. - (1.) THE petitioner in this writ petition dated June 18, 2007 has challenged the order of the Chief General Manager, Kunustoria Area, Eastern Coalfields Ltd. dated March 25/27, 2006, Annexure P29 at p.83, inflicting on him the punishment of termination of service.
(2.) IN 1991 the petitioner joined Kunustoria Colliery of the Eastern Coal Fields Ltd. as a general mazdoor. He was given a compassionate employment on the ground that his father who was working in the colliery died in harness. By issuing a charge -sheet dated June 17/18, 1996, Annexure P1 at p.31, the petitioner's employer asked him to explain why disciplinary action should not be taken against him for leaving the workplace without permission on June 17, 1996. It was further alleged that he was in the habit of leaving the place of work after marking his attendance. By another charge -sheet dated March 1, 1997, Annexure P3 at p.33, his employer asked him to explain why disciplinary action should not be taken against him for unauthorizedly leaving the workplace on February 28, 1997 and also for indulging in the habit of leaving the workplace unauthorizedly. Challenging the charge -sheet dated March 1, 1997 he moved this Court by filing a writ petition.
(3.) THE petitioner's employer issued another charge -sheet dated September 16, 1997,Annexure P10 at p.40, asking him to explain why disciplinary action should not be taken against him for unauthorizedly leaving the workplace on September 8,9,10,11,12 and 13,1997 and also for leaving the workplace regularly after marking his attendance. By yet another charge -sheet dated September 16, 1997, Annexure P10 at p.41, his employer asked him to show cause why disciplinary action should not be taken against him for threatening the senior under -manager of the colliery when the senior under -manger wanted to know why he was not checking the workmen who were going underground. It was alleged that he used bad language, became violent and rushed the senior under -manager intending to assault him physically.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.