Mohan Rai vs Western Coal Field Ltd.
2021 Latest Caselaw 7414 MP

                                                                        1                                 WP-7631-2021
                                        The High Court Of Madhya Pradesh
                                                  WP No. 7631 of 2021
                                           (MOHAN RAI AND OTHERS Vs WESTERN COAL FIELD LTD. AND OTHERS)

                         4
                         Jabalpur, Dated : 15-11-2021
                                  Shri Mayank Choudhary, learned counsel for the petitioners.
                                  Ms. Shikha Sharma, learned counsel for respondents.

Petitioners claim parity with the order passed by a Coordinate Bench of this Court in W.P. No.2747/1998 decided on 03.01.2012 (Samyukt Koyla Mazdoor Sangh and another Vs. Western Coal Fields Ltd. and Ors) which has been upheld

in W.A. No.410/2012 decided by the Division Bench of this Court vide judgment dated 20.11.2015 wherein Division Bench of this Court has held that whether the direction issued by the learned Single Judge can be said to be manifestly wrong? In the first place, we find no hesitation in taking the view that the appellant having failed to challenge the finding recorded in the inquiry report dated 10.06.1998, cannot be permitted to argue to the contrary. The finding recorded in the inquiry report makes it amply clear that the contract awarded by the appellant was for a period of more than one year, in respect of work covered by the prohibited category. This finding of facts has been allowed to become final by the appellant.

Thus, on the touch stone of this decision rendered by Hon'ble Division Bench of this Court, a Coordinate Bench of this Court in W.P. No.1758/2021 decided on 08.02.2021 has disposed of the writ petition with a direction that the petitioners shall be permitted to appear before the Enquiry Committee, which is conducting enquiry in respect of persons whose name is mentioned in Annexure P/6 and similar enquiry may also be conducted in respect of present petitioners.

As the order dated 08.02.2021 shall apply mutatis mutandis to the facts and circumstances of the present case, this petition is also disposed of in the above terms permitting the petitioners to appear before the Enquiry Committee and place their case before the Committee, which shall decide the case on its own merits.

In above terms, this petition is disposed of.

Signature Not Verified SAN Certified copy as per rules.

Digitally signed by MOHD TABISH KHAN
Date: 2021.11.15 18:01:01 IST
                                        2            WP-7631-2021
                                           (VIVEK AGARWAL)
                                                JUDGE
                         Tabish




Signature Not Verified
  SAN




Digitally signed by MOHD TABISH KHAN
Date: 2021.11.15 18:01:01 IST