S.N. Pathak, J. - (1.) Heard learned counsel for the parties.
(2.) In the instant writ application the widow has knocked door of this Court for a direction upon the respondents to pay due salary of her late husband for the period from 16.12.1995 to 16.12.1999, total amounting to Rs.2,89,158.61 for the period of wrongful dismissal of her husband who was illegally dismissed from the service on the allegation of false charges w.e.f. 16.12.1995 which was later on quashed by order of the Hon'ble High Court of Jharkhand dated 22.09.2003 making him entitled for payment of due salary.
(3.) From the factual exposition as has been delineated in the writ petition is that husband of the petitioner Late Rampati Das was appointed on 03.03.1971 and was employed in the post of Trammer at Gondudih Collier of Kusunda Area in the district of Dhanbad. He was the permanent worker of M/s. BCCL and had to superannuate from the service in the year 1999 on attaining the age of 60 years. It has been stated that some charges were levelled against Late husband of the petitioner that his son was involved in a criminal case. The allegation against the son was that some of the employees of the respondent - Company were assaulted by him and for that an FIR was instituted against his son. Against some other employees of the respondent - Company, similar charges were levelled that their sons were also involved in assaulting the employees of respondent - Company. It has been further stated that the petitioner's husband was terminated from the service w.e.f. 14.12.1995 by standing order of the Company for alleged misconduct. The said termination order of Late husband of the petitioner was challenged before the Hon'ble Patna High Court, Ranchi Bench, Ranchi vide C.W.J.C. No. 483 of 1996 on the ground that he had committed no offence or misconduct rather it was committed by his son. During pendency of the writ petition, the said workman unfortunately died on 02.04.2000 and subsequently, he was substituted by present petitioner in place of her husband. The Hon'ble High Court of Jharkhand, vide its order dated 22.09.2003, allowed the writ petition by quashing the order of termination of the petitioner' husband with a liberty to proceed against him in accordance with law.;