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Singh Raju (Manager)     22 August 2012

Compensation & rejoining

Dear Experts

My friend was working in a PSU in chattisgarh (South Eastern Coal Fields Limited). In Jan 2009 he got engaged in some altercation with a collegue. Collegue did not want to take any action but some other senior officer due to personal motives suspended him & lodge a FIR against my friend that he beat that collegue. Later a departmental enquiry was put on him it but it was not completed as My friend left the enquiry in between as he felt that the officer was trying to frame him & remove him from job. In that he again was charged with running with enquiry papers & a FIR was lodged. Both cases went to court.

Now in first case he won the case & set free of all charges. The colleuge himself has given testimony that it was just altercation & there was no physical fight. The second case is still going on in which he is charged with running away with papers from the departmental enquiry of 1st case.

He belongs to lower middle class family, has a mother & 3 younger brother to take care, he is under suspension since last 3 years with no regular income source. Have a lot of debt on him due to this.

Now already he has won the 1st case & second case is related to enquiry of 1st case. Please suggest the best & econimic way with which we can force SECL to allow him to rejoin & continue his work & ask for compensation of previous years & mental torture.

Some one suggested to go to labour court, while some peoples are telling to go to high court. We are confused, please guide us the best way to proceed.

If required I am willing to pay for sincere advice/guidance from experts over phone.


 2 Replies

Adv k . mahesh (advocate)     01 September 2012


u have not clearly mentioned that in what position the ur friend is working becuase in labour court certain grade of workers can file and

also since three years the company is not paying subsistence allowance, means if u had been suspended then the rule says that the emplyoee has to be paid half the salary till ur reinstated into services.


1 Like

Singh Raju (Manager)     01 September 2012

Dear Sir

Thank you for your response. Actually he was dismissed not suspended after the departmental inquiry for which he is charged with running away with inquiry papers. He was working in labour grade.

Now we are thinking about to go to high court & file a petition to dismiss second case & claim for compensation based upon the judgement of first case.

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