Syed Talib HussaIn Vs. Chairman-cum-managing Director Central Coal Fields Ltd. and ors. - Court Judgment

Excerpt:
service law - retiral benefits--withholding of--employee charge-sheeted--died--respondents withheld various amount--said employee exonerated of all the charges--enquiry report never given to him--respondent contended that accused employee was never exonerated by enquiry officer and the order of punishment could not be served upon him as he was no longer in service--enquiry report not produced before court as it was not available--direction issued to respondent to release the remaining unpaid amount--for compassionate appointment, petitioner have liberty to file a representation before the chairman-cum-managing director, who will consider the same and passed an order in accordance with law. - constitution of india. articles 12 & 226: [m. karpaga vinayagam, c.j., narendra nath tiwari & d.p.singh, jj] writ petition - maintainability - whether state co-operative milk producers federation ltd., is a state within meaning of article 12 ? - held, from perusal of relevant rules of byelaws, it is clear that state government has no role to play either in policy decision for raising funds for federation or its expenditure and thus have no financial control. further there is nothing to indicate that government has any functional and administrative control over federation. state government has no role to play in matter of appointment of any of officials of federation including managing director. federation is totally independent in all respects and in no way subservient to state government in conduct of its business. federation in no way can be termed as agency of state government and does not come within meaning of article 12 of constitution. writ petitions against federation is not maintainable. ordertapen sen, j. 1. heard the parties.2. the substitution petition filed on 2.2.1998 stating that the original writ petitioner died on 17.12.1997 is being allowed.3. at the time when the writ application had been filed, the petitioner was aggrieved by the action of the respondents in having withheld various amounts which have been mentioned at paragraph 2 of the writ application. however, when the case was taken up mr. k.b. sinha, learned counsel for the petitioner stated that the petitioner has since been paid various amounts under different heads but he has not yet been paid the following amounts :(a) payment in lieu of leave travel concession; (b) leave encashment during the period of suspension; (c) employees' share towards provident fund; (d) food allowance; and (e) gratuity. 4. the petitioner has also prayed a prayer for employment under compassionate considerations as per clause 9.4.3 of the national coal wage agreement no. iii.5. the learned counsel for the petitioner has vehemently argued with reference to the paragraph 18 of the writ application that the petitioner had been exonerated of all the charges leveled against him. however, mr. k.b. sinha the learned counsel for the petitioner has contended that the enquiry report was never given to him.6. in the counter affidavit of the respondents, it has been stated at paragraph 19 that the petitioner was never exonerated by the enquiry officer and that the order of punishment could not be served upon the petitioner as he was no longer in service.7. this court requested mrs. benani verma, learned counsel for the respondents to produce the enquiry report in court but, when the matter was taken up today, she informed that the enquiry report cannot be produced as it is not available.8. be that as it may and since enquiry report was never served upon the petitioner and since it has not been produced before this court also in spite of opportunity given and since paragraph 19 and 21 of the counter affidavit have been sworn merely as being true to knowledge, it is expedient in the interest of justice, therefore, to direct the respondents to immediately and forthwith pay to the petitioner the remaining unpaid amounts with a period of ten days from the date of receipt of a copy of this order.9. so far as the prayer for appointment as per clause 9.4.3 of national coal wage agreement iii is concerned, i give a liberty to the petitioner to file a representation before the chairman-cum-managing director, central coalfields limited, darbhanga house, ranchi within a period of four weeks from today. if such a representation is filed, the chairman-cum-managing director, central coalfields limited shall consider the same and pass an order thereon in accordance with law, within a period of two weeks from the date of receipt of such representation.14. with the aforementioned observations and directions, this writ application is partly allowed, but there shall, however be no orders, as to cost.

Judgment:
ORDER

Tapen Sen, J.

1. Heard the parties.

2. The substitution petition filed on 2.2.1998 stating that the original writ petitioner died on 17.12.1997 is being allowed.

3. At the time when the writ application had been filed, the petitioner was aggrieved by the action of the respondents in having withheld various amounts which have been mentioned at paragraph 2 of the writ application. However, when the case was taken up Mr. K.B. Sinha, learned counsel for the petitioner stated that the petitioner has since been paid various amounts under different heads but he has not yet been paid the following amounts :

(a) payment in lieu of leave travel concession;

(b) leave encashment during the period of suspension;

(c) employees' share towards Provident Fund;

(d) food Allowance; and

(e) gratuity.

4. The petitioner has also prayed a prayer for employment under compassionate considerations as per Clause 9.4.3 of the National Coal Wage Agreement No. III.

5. The learned counsel for the Petitioner has vehemently argued with reference to the paragraph 18 of the writ application that the petitioner had been exonerated of all the charges leveled against him. However, Mr. K.B. Sinha the learned counsel for the petitioner has contended that the enquiry report was never given to him.

6. In the counter affidavit of the respondents, it has been stated at paragraph 19 that the petitioner was never exonerated by the Enquiry Officer and that the order of punishment could not be served upon the petitioner as he was no longer in service.

7. This court requested Mrs. Benani Verma, learned counsel for the respondents to produce the Enquiry Report in Court but, when the matter was taken up today, she informed that the Enquiry Report cannot be produced as it is not available.

8. Be that as it may and since Enquiry Report was never served upon the petitioner and since it has not been produced before this Court also in spite of opportunity given and since paragraph 19 and 21 of the counter affidavit have been sworn merely as being true to knowledge, it is expedient in the interest of justice, therefore, to direct the respondents to immediately and forthwith pay to the petitioner the remaining unpaid amounts with a period of ten days from the date of receipt of a copy of this order.

9. So far as the prayer for appointment as per Clause 9.4.3 of National Coal Wage Agreement III is concerned, I give a liberty to the petitioner to file a representation before the Chairman-cum-Managing Director, Central Coalfields Limited, Darbhanga House, Ranchi within a period of four weeks from today. If such a representation is filed, the Chairman-cum-Managing Director, Central Coalfields Limited shall consider the same and pass an order thereon in accordance with law, within a period of two weeks from the date of receipt of such representation.

14. With the aforementioned observations and directions, this writ application is partly allowed, but there shall, however be no orders, as to cost.