JUDGEMENT
Amareshwar Sahay, J. -
(1.) HEARD the parties.
(2.) THE claim of the petitioner in this writ application is to direct the respondents, particularly Central Coalfields Limited to make payment of Gratuity amount from the Year, 1953 which has been rejected by order at Annexure -6 passed on 17th January, 2005, pursuant to the order passed by this Court in W.P.(S) No. 6249 of 2004 on 7th December, 2004 (Annexure -5). The main ground on which the petitioner claims for payment of Gratuity amount from the Year, 1953 is that he was paid the amount of CMPF calculating it from 1st October, 1953, but the amount of Gratuity has been paid to him by calculating from 12th November, 1964. The petitioner has tried to make out a case that he was initially appointed on 1st October, 1953 and, therefore, the Gratuity has to be counted from the date of his initial appointment i.e. from 1st October, 1953. From perusal of the impugned order at Annexure -6, dated 17th January, 2005, it appears that the claim of the petitioner has been rejected on the following grounds:
(3.) THAT the petitioner's was initially appointed on 12th January, 1964 and not on 1st October, 1953. According to the petitioner, he was initially appointed at New Kendriadih Colliery, but no such paper/evidence could be produced before the authorities to establish the fact that he was initially appointed at New Kendriadih Colliery in the Year, 1953.;
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