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2012 Supreme(Raj) 1362

NARENDRA KUMAR JAIN, MAHESH BHAGWATI
Hindustan Copper Limited – Appellant
Versus
Bihari Lal Meena – Respondent


Advocates:
For the Appellant:A.K. Bhandari, Sr. Counsel with A.S. Rathore, Advocate.
For the Respondent: M.F. Baig, Counsel.

JUDGMENT

1. - Challenge in this intra court appeal is to the order dated 13th January, 2006, whereby the learned Single Judge dismissed S.B. Civil Writ Petition No. 6761/2002.

2. Adumbrated in brief, the facts of the case are that the respondent no.1 - Bihari Lal Meena was initially appointed as Mazdoor in the services of Khetri Copper Complex vide order dated 16th July, 1974. Pursuant to this order, he joined on 24th August, 1974. It is alleged that after joining the services in August, 1974, the respondent no.1 became habitual of remaining absent from duty intermittently. Albeit, the Disciplinary Authority, punished him with the stoppage of Annual Grade Increment with cumulative effect for his misconduct, yet he finally absented himself from 12th July, 1978. Resultantly, the Management of Khetri Copper Complex struck off his name from the company roll on 18th October, 1978. After nine months of striking off his name from the attendance roll of the company, the respondent no.1 made a representation on 27th August, 1979 for re-employment as Mazdoor in the Company, but the Management having kept his past conduct in mind, turned down his request. Finally, he moved a representation on













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