JUDGEMENT
RAJESH KUMAR,J. -
(1.) Heard counsel for the parties.
(2.) The present writ petition has been filed against the order of refusal as contained in letter dated 19.02.2018. The impugned order of refusal reads as under:-
(3.) "Shri Raj Kumar Ram, Ex. Miner Loader was dismissed by the Alakusa Colliery Under Kusunda Area M/s BCCL on 23.04.2004 due to unauthorized absence after conducting a proper enquiry against him as he was a habitual absentee. The action of management was not challenged by the union/ aggrieved person during the relevant time under the ID Act. The raising of issue after passage of more than 10 years from cause of action is highly belated. In this connection, the judgement of Hon'ble Supreme Court in the case of Nedungadi Bank Ltd. Vs K. P. Madhavan Kutty has held that - A dispute should be raised within a reasonable time."?
4. The petitioner-workman was appointed on the post of Miner Loader under the respondent-BCCL on 11.02.1999. It further appears that the petitioner-workman became absent since 29.05.2001. On such absenteeism, departmental proceeding has been initiated and his service has been terminated vide order dated 23.04.2005. This order of termination has been accepted by the petitioner-workman as it is evident from the Annexure-3 i.e. application dated 21.07.2008. Application is quoted hereinbelow:-
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