Western Coal Fields Ltd. & Anr. Vs. Satyanarayana.
Reinstatement – High Courts order set aside and respondent reinstated in the same post which he held at the time of his removal – After the probation period of one year is over, the respondent shall be entitled to confirmation.
Heard.
1. The appeal is disposed of on the following terms:-
(a) In place of the decision given by the High Court the respondent shall be reinstated in the same post which he had held at the time he was removed from service by the impugned notice, and he would be entitled to report to duty on any date within four weeks from today. For the period he was out of employment, he would not be entitled to any wages and at the time he reports back to duty he would give an undertaking assuring good performance and he shall be subject to the standing orders.
(b) He will be on probation for one year and after the probation period is over he would be entitled to confirmation.
(c) The period of absence shall be taken into account for the purpose of computing gratuity.
2. Parties shall bear their respective costs.