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2021 Supreme(Jhk) 819

DEEPAK ROSHAN
Hiralal Mahto – Appellant
Versus
Central Coalfields Limited, through its Chief Managing Director – Respondent


Advocates Appeared:
For the Petitioner: Mr. S.S. Choudhary.
For the Respondents: Mr. Amit Kr. Das.

JUDGMENT :

1. Heard learned counsel for the parties through V.C.

2. The instant writ application has been preferred by the petitioner praying therein for quashing of the order dated 21/22.8.2008 (Annexure-7), issued by respondent No.3, whereby the petitioner who was earlier Prop Mistry, Cat IV was demoted to the post of Helper, Cat-II.

The petitioner has also assailed the appellate order dated 21.09.2010 (Annexure-8 A), passed by the respondent No.2, whereby the appeal preferred by the petitioner was dismissed.

3. The facts of the case as evident from the writ application is that the son of the petitioner, namely, Sewal Kumar @ Charku Mahto was voluntarily been adopted by one late Gyani Mahto in the year 1986 for which the said Gyani Mahto (Now deceased) and this petitioner executed a deed of adoption on 29.11.1986 which was duly registered before the District Sub-Registrar, Hazaribagh.

Further, when late Gyani Mahto became old then he voluntarily offered the name of Sewal Kumar for his employment under para 9:4:3 of National Coal Wage Agreement-III (NCWA-III) since he adopted Sewal Kumar as his legal heir. After fulfilling the criteria and verification, Sewal Kumar (adopted son of Gyan

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