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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR
Manoj Pathak S/o Shri Ramashray Pathak – Appellant
Versus
Central Coalfields Limited – Respondent
ORDER :
1. The present writ petition has been preferred for quashing and setting aside the award dated 13.04.2015 passed by The Presiding Officer, Central Government Industrial Tribunal No. 2 at Dhanbad in Reference No. 19/2000 whereby it has been held that the order of dismissal of the petitioner from the services of CCL with effect from 08.02.1999 is quite legal and justified and that the workman/petitioner is not entitled for any relief.
2. The factual background of the case as stated in the writ petition is that in the year 1994, the respondents requisitioned list of eligible candidates from Ranchi and Ramgarh Employment Exchanges for appointment on the post of Mechanical Fitter in Category-I, having requisite qualification of ITI. The petitioner had completed his ITI course in Fitter Trade in the session 1984-86 and the respondents having found him eligible issued letter dated 05.01.1995 to appear in written test to be held on 12.02.1995 for selection on the aforesaid post. Thereafter the respondent authorities issued letter No. 809 dated 13.10.1995, whereby the petitioner was offered appointment as Trainee Category-l (ITI) and in pursuance thereof, he submitted his joining on t
The dismissal of the petitioner was upheld as legal and justified, with the court affirming the supervisory nature of its review under Article 227, emphasizing the lack of procedural errors in the Tr....
The appointment being void ab initio precludes the petitioner from claiming reinstatement and other benefits.
An employee's dismissal must be executed by the competent authority and follow due process, including adherence to principles of natural justice.
Dismissals from service upheld due to misconduct; appointments not conferring rights due to violation of recruitment procedures. Legality and fairness in employment processes must align with statutor....
Point of Law : Court need not issue a writ merely because there is violation of the natural justice, not because it is not necessary to observe natural justice but because Courts do not issue futile ....
The dismissal of the petitioner was set aside due to procedural irregularities and violation of natural justice, entitling him to retiral benefits.
The main legal point established in the judgment is the requirement for the disciplinary authority to follow the principles of natural justice, record tentative reasons for disagreement with the inqu....
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