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Jharkhand High Court · body

2006 DIGILAW 1404 (JHR)

General Manager, Barora v. Regional Labour Commissioner

2006-12-11

R.K.MERATHIA

body2006
Order No body appears on behalf of the petitioner. 2. Heard Mr. R.S. Mazumdar, learned counsel appearing on behalf of the respondent no. 3. 3. The petitioner has challenged the order dated 30.12.1998 passed by the respondent no. 2 and also the order dated 14.3.2000 passed by respondent no.1 confirming the said order. 4. According to the petitioner-Company, prior to nationalization of coal mines, respondent no. 3 worked as part time Medical Officer and after nationalization, he was appointed by the petitioner-Company on 5.9.1973, and as such, he is not entitled to gratuity prior to his said date of appointment. 5. After the matter was remanded, respondent no. 2 heard the parties afresh and on the basis of the materials on record, it held that respondent no. 3 was appointed on 1.8.1957 and he worked up to 31.10.1973 i.e. till nationalization, and, therefore, he was entitled to continuity in service from the date of such employment i.e. 1.8.1957. The Appellate Authority considered the entire matter and confirmed the said order. 6. Learned counsel appearing for the respondent no.3 drew my attention to the documents, annexed with the counter affidavit, to show that respondent no.3 was appointed and worked from 1.8.1957. He submitted that the petitioner has not brought on record anything in support of its contention that petitioner was working on part time basis. He further relied on the judgment reported in (1998)9 S.C.C. 192 (Central Coalfields Ltd. vs. Union of India and Others). 7. After considering the matter, in my opinion, there is no reason to Interfere with the findings of fact recorded by respondent nos. 2 and 1, Moreover, petitioner's case is covered by the said judgment of Central Coalfields Ltd. (supra). 8. In the circumstances, this writ application is dismissed. However, no costs.