Hon'ble Judges/Coram:
A.K. Mathur, C.J. and J.K. Biswas

JUDGMENT

J.K. Biswas, J.

1. This Letters Patent appeal is against a judgment and order dated December 10, 1999 passed by a learned single Judge of this Court on a writ petition, being Civil Order No. 19764 (W) of 1995; it was filed by the respondent No. 1 herein. The appellants were respondent Nos. 3 and 6 in the said writ petition.

2. The relevant portion of the impugned order, passed by the learned single Judge, reads as under:

"In view of the discussions made hereinabove I declare the findings of the enquiry officer and the order of dismissal as null and void and I set aside and quash both the findings of the enquiry officer and the order of dismissal dismissing the writ petitioner from the service. The writ petitioner is entitled to his back wages from the date of his dismissal till he is allowed to resume his duty or until he retires from the service whichever is earlier. I direct the respondents to pay the writ petitioner his salaries from the date of dismissal till he is allowed to resume his duty or until he retires from the service whichever is earlier within six weeks from date of communication of this order. I also direct the respondents to pay the petitioner Rs. 5000/- (Rupees five thousand) as cost of this litigation. Such cost should be paid within six weeks from the date of communication of the gist of this judgment and order."

3. On March 7, 2000 the following interim order was passed in this appeal:

"After considering the facts and circumstances of the case and after going through the materials on record we direct that the operation of the order dated December 10, 1999 passed by the learned single Judge shall remain stayed to the extent that the petitioner respondent No. 1 will not be entitled to any arrears of salary from September 5, 1994 till he had attained the age of superannuation. However, the appellant shall release all other terminal benefits, including salary if there is any due to the petitioner/respondent, within four weeks from date."

4. While working as Pump Operator at Sarpi Unit of Shyamsundarpur Colliery of the Eastern Coalfields Ltd. (a subsidiary of Coal India Ltd. - a Government of India Public Sector Undertaking), a chargesheet dated July 22/28, 1994 was issued against the respondent No. 1 by his employer. The contents of the said chargesheet were as follows:

From the records it is evident that you are in the habit of remaining absent without leave or permission from the Competent Authority. The following chargesheets and warning letters were issued to you for unauthorized absence:

1. Ref.No.Shyam/PD/CS/90/641 dated February 09, 1990. Absent from December 14, 1989 to February 09, 1990 against suspended for 10 (ten) days from March 03, 1990 to March 12, 1990.

2. Ref.No.Shyam/W.L/PD/91/02 dated January 01, 1992. Absent from October 21, 1991 to December 31, 1991 against a warning.

3. Ref.Np.Shyam/PD/CS/92/1759 dated May 15, 1992. Absent from March 06, 1992 to May 15, 1992 against 3 (three) days suspension were issued from May 15, 1992 to May 17, 1992

4. Ref. No. Shyam W.L./PD/92/3991 dated November 14, 1992. Absent from August 10, 1992 to November 14, 1992 against a warning letter issued.

5. Ref.No.Shyam/PD/WL/94/689 dated February 28, 1994. Absent from February 03, 1994 to February 26, 1994 against a warning letter issued.

Again you are absenting from April 21, 1994 to till now.

Your above act amounts to misconduct on your part as per the Standing Orders of the Company applicable to you under Sections 17(1)(d) and 17(1)(n), which reads (sic) as follows:

17(1)(d): "Habitual late attendance and habitual absence without leave and permission or without satisfactory cause."

17(1)(n); "Continuous absence without permission and without satisfactory cause for more than ten days."

You are, hereby, asked to........