ORDER

Leave granted.

We have heard learned counsel on both sides.

2. These appeals arises from the order made on November 21, 1995 by the Division Bench of the Calcutta High Court in FMAT No. 1548/90 and 250/92. Admitted position is that the respondent Babulal was Senior Mining Engineer and the other first respondent Maheswari Sharma was a Manager working in the South Govindpur Colliery, Govindpur area. On June 30, 1989, an accident had occurred at 2.00 p.m. due to fall of the roof in XI Seam (of coal) due to which five miners died and two miners were seriously injured. It is the case of the appellant that both the first respondents were not present at the site for nor had they taken necessary safety precautions to aver accident to the miners. A fact finding Committee came to be appointed to find out the cause for the death of the five and injury to two miners. The report dated July 1, 1989 appears to have put it pointedly that there was dereliction of the duty on the part of the respondents resulting in the mine accident. Consequently, the appellant exercise the power under Rule 12.4(1)(c) of the Common Coal Cadre, 1974 which reads as under :

"12.4. Termination

(i) Un