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2015 Supreme(Ori) 660

C.R.DASH
RAMAKANTA PARIJA – Appellant
Versus
DEPUTY CHIEF MINING ENGINEER, BELPAHAR – Respondent


Advocates Appeared:
Usha Rani Padhi and S.B. Das, Advocates, for the Appellant; R. Sikdar and A. Sikdar, Advocates, for the Respondent

JUDGMENT :

C.R. Dash, J. - The petitioner, a workman, who has retired from service on superannuation in the meantime, has preferred this writ application challenging inaction of the opposite party in not granting him his consequential service benefits, i.e. notional promotion after reinstatement in his previous job pursuant to the award passed by the learned P.O., Industrial Tribunal, Rourkela in I.D. Case No. 26/97(C) on 26.10.1999, which was confirmed by this Court in O.J.C. No. 4054 of 2001, vide order dated 19.02.2009. The petitioner was appointed as a Dumper Operator on 30/31.12.1983. He along with 18 others were promoted as Dumper Operator, Grade-D with effect from 01.11.1985. While matter stood thus, the petitioner was issued with a charge-sheet on the allegation that, on 05.05.1986 some tyres were stolen from the store of the company when the key of the store was with the petitioner workman. The petitioner workman pleaded that he was never handed over with the keys of the store during the relevant period and he never remained in-charge of the store at any point of time. It was further pleaded that the nature of duty as a Dumper Operator and the allegation regarding theft of








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