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2025 DAILYLAW 10023 (CHH)

DHANSAI GAHWAI v. SOUTH EAST COALFIELDS LIMITED

WPS/2027/2018 · 2025-08-31

Shri Rakesh Mohan Pandey

body2025

Judgment text

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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2027 of 2018 1 - Dhansai Gahwai S/o Jagatram Gahwai Aged About 52 Years R/o Badibazar, Neaer Talab, Chirmiri, Police Station Chirmiri, District Koriya, Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh ... Petitioner(s) versus 1 - South East Coalfields Limited Through Its Managing Director Cum Chairman, Secl Headquarter, Seepat Road, Sarkanda, Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh 2 - The Chief General Manager, Chirmiri Area Of Secl, Post Chirmiri, District Koriya, Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh 3 - The Sub Area Manager, West Chirmiri Colliery, District Koriya, Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh ---- Respondents For Petitioner : Mr. Rajkumar Gupta, Advocate For respondents : Shri Sudhir Kumar Bajpai, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 01.09.2025 1. The petitioner has filed this petition seeking the following relief(s) : 10.1 That this Hon'ble Court may kindly be pleased to issue an appropriate writ/order, thereby directing the respondents to release the salary to the petitioner for the period from 22.07.2003 to 13.09.2004, with interest @ 12% per annum from the date of entitlement to its realization. 10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 2. Mr. Gupta, learned counsel appearing for the petitioner would submit that the petitioner is working on the post of Pump Driver in the SECL REKHA SINGH -2- West Colliery, Chirmiri, District Koriya (C.G.). He would further submit that the petitioner remained absent from the services from 22.07.2003 to 13.09.2004, thereafter, article of charge was issued. He would also submit that the article of charge and charge-sheet were challenged before the Assistant Labour Commissioner whereby, the respondent authorities were directed to permit the petitioner to join the services. He would contend that the petitioner has not been paid salary of the period of absence from 22.07.2003 to 13.09.2004. He would further contend that a representation has been moved before respondent No.3 on 09.09.2004 but till date, it has not been decided. He would pray that a direction may be issued to the said authority to decide it expeditiously. 3. On the other hand, learned counsel appearing for the respondents would oppose the submissions made by Mr. Gupta. 4. Heard the learned counsel appearing for the parties and perused the documents placed on record. 5. Taking into consideration the limited prayer made by Mr. Gupta, this petition at this juncture is disposed of reserving liberty in favour of the petitioner to make a fresh representation raising grievances and in turn, respondent No.3 is directed to decide such representation preferably within a period of 120 days from the date of receipt of a copy of this order. 6. With the aforesaid observation(s)/direction(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha