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2023 Supreme(MP) 880

VIVEK JAIN
Sohagvati (Dead) Thr. Lrs Chandra Prakash, S/o. Late Shri Raj Mani Sharma – Appellant
Versus
Upkshetriya Prabandhak South Estern Kol Fields Limited. – Respondent


Advocates Appeared:
For the Petitioners: Shri Ms. Sulekha Sharma.
For the Respondents: Shri A.K. Dubey, Shri Devesh Bhojne.

ORDER :

The present petition has been filed by the petitioner, who is widow of deceased employee of respondent No.1 – South Eastern Coal Fields Ltd. During pendency of the present petition, even the widow has expired and the petition has been contested by her legal representatives.

2. The facts in brief of the case are that the deceased husband (Rajmani Sharma) of the petitioner was employed with the respondent No.1 on a blue-collared post of Driver. He is alleged to have committed some disorderly and riotous conduct while in service on 20.05.1987 with an officer holding the post of Deputy CME/Sub Area Manager. Within four days of the alleged misbehavior with the officer, the same officer passed an order of termination of services of the deceased husband of the petitioner on 24.5.1987. The termination order was put to challenge before the CGIT, Jabalpur and vide award dated 18.8.2008, the CGIT has upheld the termination. The said termination/dismissal order was further confirmed by this Court in writ petition filed by the deceased husband of the petitioner vide order dated 23.04.2003 passed in W.P. No.448/2008.

3. The management did not pay gratuity to the deceased husband of the peti

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