BRAJ KISHORE MAHATHA Vs. BHARAT COKING COAL LTD.
LAWS(JHAR)-2004-8-123
HIGH COURT OF JHARKHAND
Decided on August 30,2004

Braj Kishore Mahatha Appellant
VERSUS
BHARAT COKING COAL LTD. Respondents

JUDGEMENT

S.J.MUKHOPADHAYA, A.C.J. - (1.) ACCORDING to petitioner, he is in the services of M/s. Bharat Coking Coal Limited in its Western Jharia Area, Moonidih, District -Dhanbad. fie was taken in judicial custody and later on came out from custody in the year 1980 and went to join his service but, he was not allowed to work. The respondents then informed him that he has been dismissed from service but, no such order of dismissal has been communicated to him.
(2.) THE petitioner explained the ground of delay to move this Court after 24 years. According to him, earlier he was told that action can be taken for reinstatement if he is acquitted in the criminal proceedings. Now he has been acquitted by a Court of competent jurisdiction vide judgment dated 23rd October. 2003 passed by the learned Additional District and Sessions Judge, Dhanbad in ST No. 386/1986 and, therefore, intends to give his joining. In the present case, it is to be determined whether the petitioner is in the services of the respondents or his services were terminated. For determining such issue the case is remitted to the respondent, Chief General Manager, Western Jharia Area, Moonidih, Bharat Cooking Coal Ltd., Dhanbad. If the petitioner prefers any representation giving details of his service career along with copy of this order, the said authority will enquire into the matter from the concerned office and communicate whether the petitioner is still in the services of M/s. Bharat Coking Coal Limited or his services have been terminated. If he has been thrown out from the service of the respondents he will communicate the copy of the order to the petitioner, if not yet communicated. If the order of termination has already been communicated to the petitioner the authority will forward a duplicate copy of the same to the petitioner within a period of three months from the date of receipt/production of a copy of this order. Thereafter, it will be open for the petitioner to move before appropriate authority/forum for redressal of his grievance.
(3.) THIS application stands disposed of with the aforesaid observations and directions.;


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