Jeevendra Prasad Tiwari & others v. Coal India Limited & others

IS.Namchandra Dubey, S/o Shri Shambhu Prasad Dubey, Aged obout 36 years, R/o Village <& Post Devgavan Via Mangavan, Rewa bistrict (M.P.), Ex-ITI Apprentice S.E.C.L., Chirmiri Area, District Korea [C.G.] (Fitter), IS.HetLal Singh, S/o Shri Ajayab Lal Singh, Aged about 37 years, R/o Village Khamaria Post Audva, P.S. Panwar, District Rewa (M.P.), Apprentice Ex-ITI (Fitter), S.E.C.L., Raigarh Area, District Raigarh [C.6.]

1. Coal India Limited, Subhash Road, Kolkata Through its Chairman. 10, Netaji (W.B.)

2. South Eastern Coalfields Ltd., RESPONDENTS: Vs Seepat Through Managing birector, Road, Its Bilaspur (C.G.) Chairman-cum-

3. birector (Personal), South Eastern Coalfields Ltd., Seepat Road, Bilaspur (C.G.)

4. Dy. Chief (Labour), Coalfields Bilaspur (C.G.) Personal Manager South Eastern Ltd., Seepat Road, PETITION6RS; W.P. FS1 N0.752/09 <& R/o Rewa Tehsil (M.P.), Village Shri Shrivastava, R/o

1. Rakesh Kumar Gupta, S/o Shri Ganeshdin Gupta, Aged about 34 Post Hanumana, Ex.ITI (Electrician, South Limited, years, Khatkhari, Distt. Apprentice Coalfie'lds Eastern Chirmiri Area, Distt. Korea (CG) 2. bwarika Prasad Shrivastava, S/o Prasad Vanshmani Aged 37 Post Village Hanumana, Ex.ITI (Electrician, South Limited, years, Khatkhan\ Distt. Apprentice Coalfields Eastern Chirmiri Area, Distt. Korea (CG) 3. Raj Kumar Patel, S/o Shri Ram Gopal Patel, Aged about 37 years, R/o Gram & Post Hardi, Tehsil Gurh, Ex.ITI Apprentice SECL, Bishrampur Area, District Korea (CG) <& (Electrician, (M.P.), Tehsil Rewa, Distt. Rewa R/o

4. Kundam Kumar Singh/ S/o Shri Suryabhan Singh, Aged about 35 Post years, Kuniakala, Tehsil Tenther, Distt. Rewa (M.P.), Ex.ITI Apprentice Bhatgaon (Electrician) Area, Oistrict Korea (C(5) S.E.C.L. Village &

5. Daya Shankar Singh, S/o Shri Ram Gopal Singh, Aged about 37 years, R/o D.M.Q. 167, Infront of Bishrampur 6.M. (Ambikapur bistrict Korea (C.G.), Ex.-ITI Apprentice (Seat Metal), SECL, Bishrampur Area, District Korea (CG) Office,

6. Badri Prasad bahiya, S/o Shri y^, 37 Prasad Dahiya, Aged Dasrath years, R/o Railway Colony, Ward No.6, Dhanpuri, bistrict Shahdol (MP), Ex.-ITI Apprentice SECL, Baikunthpur Area, District Korea (CG) (Turnur),

7. Virendra Kumar Patel/ S/o Shri Har Prasad Patel, Aged about 37 years, R/o Village <& Post Budhwa, Tehsil Raipur Karehulian District Rewa (M.P.) Ex.-ITI Apprentice SECL Mechanic), (Diesel Baikunthpur Area, Oistrict Korea (CG)

8. Sarva Sukh Singh, S/o Shn" S.N. Singh, Aged about 38 years, R/o Village & Post Manika, Tehsil Tanther, District Rewa (M.P.), Ex.-ITI Apprentice (Electrician) S.E.C.L. Bhatgaon Area, District Korea (CG)

9. Narendra Bahadur Singh, S/o Shri Suresh Mani Singh, Aged about 35 years, R/o Village <& Post Devtalab, Rewa Tehsil-Maugahj, District Apprentice Bhatgaon (M.P.), (Electrician) Area, District Korea (CG) Judmanibaya S.E.C.L. Ex.ITI

10. Ramjee Vishwakarma, S/o Shri Ram Swarup Vishwakarma, Aged about 40 years, R/o Village Belha, Tamra, Tehsil-Mujur, Post District Rewa (M.P.), Ex.-ITI Apprentice (Black Smith) S.E.C.L. Bhatgaon Area, District Korea (ce)

11. Prem Lal Vishwakarma, S/o Shri Manfer Vishwakarma, Aged about 38 years, R/o Village Baghaudi, Tehsil Post Suglwar, Sihwal, bistrict Siddhi (M.P.). Ex.-ITI Apprentice (Electrician) S.E.C.L. Bhatgaon Area, District Korea (C6) Bagbar

12. Hirendra Singh, S/o Shri Awadh Raj Singh, Aged about 38 years, R/o Qr. Bemhowri, No.M/394, District Shahdol (M.P.), Ex.ITI Apprentice (Motor Mechanic) Area, S.E.C.L. Baikunthpur Colony, Post '^ ~"\ 0^-i ^- bistrict Korea (CG)

13. Krishna Prakash Shrivastava, S/o Shri S.P. Shrivastav. Aged about 40 years, R/o Back to Badi Mahgeet, Sohagpur, Ward No.4, bistrict Shahdol (M.P.), Apprentice Ex.ITI (Motor Mechanic) S.E.C.L. Baikunthpur Area, District Korea (CG)

14. Yadubansh Singh, S/o Shri Brij Nandan Singh, Aged about 39 years, R/o Village <& Post Jhalwar, Via-Badi Samaria, Tehsil Semiria, Ex.-ITI Distt. Apprentice (Electrician) South Eastern Coalfields Ltd. Bhatgaon Area, District Korea (CG) Rewa (MP)

15. Tej Pratap Singh, S/o Shri Mohan Lal Singh, Aged about 36 years, R/o Village Madro, Post Parsia, Tehsil Tenther, bistrict Rewa (M.P.), Ex.ITI Apprentice S.E.C.L. (Electrician) Baikunthpur District Korea (C(&) Area, >:/

16. beveand R/o S/o Singh, Village Baba Shri Rajendra Singh, Aged about 41 bahiya years, Ki Badi, (Khurd) Post Tehsil Tenther, bistrict Rewa Apprentice Ex.ITI (M.P.), . S.E.C.L. Mechanic) (Motor Chirmiri Area, District Korea (CG)

17. Arun Kumar bwivedi, S/o Shri Dev Kumar bwivedi, Aged about 35 years, R/o Village Barouli, Jawa, Tehsil Malkharoda Post District Janjgir Champa (C.G.), Ex.-ITI Apprentice (Seat Metal), SECL, Bishrampur Area, District Korea (CG)

18. Laxmi Narayan Verma, S/o Shri Khamari Verma, Aged about 40 years, R/o Village <& Post Bade rabeli, Malkharoda District Janjgir Champa (C.G.), Apprentice Ex.-ITI (Fitter), SECL, Raigarh Area, District Korea (CG) Tehsil

19.Krishna Chander Singh, S/o Shri Ram Pal Singh, Aged about 36 years, R/o Village Lakhwar, Post -^' Rewa Tehsil Tenther, Kotrakala, Oistrict (M.P.), Ex.ITI Apprentice (Electrician) S.E.C.L. Bhatgaon Area, bistrict Korea (CG) 20. Hansraj S/o Singh, Shri Amarjeet Singh, Aged about 37 years, R/o Pushpraj Village Badi Pul Near Rewa Nagar, Apprentice Hasdeo (M.P.), (Electrician) Area, District Korea (CG) S.E.C.L. Ex.ITI

21. Krishna KumarSingh, S/o Shri Jagdish Singh, Aged about 35 years, R/o Village Uchehera, Barati, Oistrict Post Rewa Apprentice (M.P.), (Fitter) S.E.C.L. Bhatgaon Area, bistrict Korea (CG) Ex.ITI

1. Coal India Limited, Subhash Road, Kolkata Through its Chairman: 10, Netaji (W.B.)

2. South Eastern Coalfields Ltd., Seepat Through Managing Director, Road, Its Bilaspur (C.G.) Chairman-cum-

3. birector (Personal), South Eastern Coalfields Ltd., Seepat Road, Bilaspur (C.e.) t)y. Chief

4. Personal Manager South Eastern Ltd., Seepat Road/ (Labour), Coalfields Bilaspur (C.G.) W.P; FS1 N0.975/09 Tejmani Patel, S/o Shri Arjun Prasad Patel, Aged about 38 years, R/o Village Devra, P.0. Khatkhan", Tehsil Hanumana, Distt. Rewa (M.P.), Ex.- ITI Apprentice (Fitter), South Eastern Coalfields Limited, Chrimiri Area, District Korea (CG) Shiv Nanda Chandra, S/o Shri Anuj Ram Chandra, Aged about 37 years, R/o Village Bhadora. Post Pirda, Tehsil Malkharoda, bistt. Janjgir- ITI Apprentice Champa (CG) Ex.- S.E.C.L., Raigarh Area, (Fitter), Dist. Korea (C6) Anjani Tilakdhari Patel, Aged about years, R/o Village Patehra, Shri 37 Via Kumar Patel, S/o RESPOND6NTS; Vs PETITIONERS '- s< ^ s^. Kumar Mauganj, Tehsil Hanumana, District ITI Apprentice Rewa (M.P.), Ex.- (Fitter), SECL, Baikunthpur Area, District Korea (CG) Rakesh Singh, S/o Shri Ramdeo Singh, aged about 36 years, R/o Post Village Shivnandanpur, Vishrampur, District Surguja (C6) ITI Apprentice (Electrician), Ex.- SECL, Baikunthpur Area. District Korea (CG) Rishi Raj Singh, S/o Shri Jagatpal Singh, aged about 3& years, R/o Village Tehsil & District Umaria (M.P.), Ex.- ITI Apprentice (Fitter), SECL, Baikunthpur Area, District Korea (CG) Krishna Pal Singh, S/o Shri Ram Behari Singh, aged about 38 years, R/o Village Tehsil & bistrict Umaria (M.P.), Ex.- ITI Apprentice (Fitter), SECL, Baikunthpur Area, District Korea (CG) Bal Govind Gautam, S/o Shri Balmik Gautam, aged about 37 years, R/o Village <& Post Amiliki, Tehsil Hazur, ITI District Apprentice (Fitter), SECL, Sohagpur Area, Distnct Korea (CG) Rama Saran Singh, S/o Shri Jagdish Prasad Singh, aged about 37 years, R/o Village <& Post Katorakala, Tehsil Teothar, District Rewa (M.P.), Ex.- ITI Apprentice (Electrn.), SECL, Hasdeo Area, District Korea (CG) Mahendra Prasad Patel, S/o Shri Ram Kumar Patel, aged about 34 Bannai, Post years, R/o Village Judmania, Tehsil Mauganj, bistrict ITI Apprentice Rewa (M.P.), Ex.- (Electrician), SECL, Bhatgaon Area, Distnct Korea (CG) (M.P.), Ex.- Rewa

1. Coal India Limited, Subhash Road, Kolkata Through its Chairman. 10, Netaji (W.B.)

2. South Eastern Coalfields Ltd., Seepat Through Managing Director, Road, Its Bilaspur (C.6.) Chairman-cum-

3. Director (Personal), South Eastern Coalfields Ltd., Seepat Road, Bilaspur (C.G.)

8. RESPONDENTS; Vs ^ ^^

4. Dy. Chief (Labour), Coalfields Bilaspur (C.G.) Personal Manager South Eastern Ltd., Seepat Road, PETITIONERS

7. W.P. rsi N0.1061/09 South Tehsil Datod, Naresh Kumar Chandra, S/o Shri Resham Lal Chandra, Aged about 36 years, R/o Village Kathekoni-khu^ Tehsil Oabhara, District Janjgir- Chamap (C.6.), Ex.- ITI Apprentice Eastern (Electrician), Coalfields Limited, Raigarh Area, District Raigarh (CG) Gore Lal Shriwas, S/o Saheb Lal Shriwas, Aged about 41 years, R/o Village Jeejpur, bistrict Janjgir-Chamap (C.G.), Ex.- ITI Apprentice (Tractor Mechanic), South Eastern Coalfields Limited,o^.^. Korba Area, bistrict Korba (C&) Girdhar Gopal Chandra, S/o Firtoo Ram Chandra, Aged about 39 years, R/o Village & Post Khajurani, Tehsil Jeejpur, District Janjgir-Chamap (C.G.), Ex.- ITI Apprentice (Diesel Mechanic), South Eastern Coalfields Limited, C.W.S. Korba Area, District Korba (C6) Gend Singh Gond, S/o Mahasingh, Aged about 39 years, R/o Village Tahsil Sakti, District Belhadih, ITI (C.G.), Ex.- Janjgir-Chamap Apprentice (Fitter), South Eastern Coalfields Limited, Hasdev Area, District Shahdol (MP) Chamru Singh Sidar, S/o Sukhru Singh, Aged about 40 years, R/o Tahsil Sakti, Villag6 Sapnaipali, bistrict Janjgir-Champa (C.G.), Ex.- ITI Apprentice South Eastern Coalfields Limited, Chirmiri Area, bistrict Koria (CG) Manharan Lal Sidar, S/o Dhanaram Sidar, Aged about 41 years, R/o Sakti, Village District Janjgir-Champa (C.6.), Ex.- ITI Apprentice South Eastern Coalfields Limited, Hasdev Area, Distnct Shahdol (MP) Ghanshyam Prasad Sahu, S/o Firtoo Ram Sahu, Aged about 37 years, R/o Kotetara, (Fitter), (Fitter), Tahsil ^ s;'

11. Misda Sakti, bistrict Village & Post Haradi (Jarri) Tehsil Dabhara, District Janjgir-Champa (C.G.), Ex.- ITI Apprentice (Fitter), South Eastern Coalfields Limited, Raigarh Area, District Raigarh (CG) Chandrakant Sahu, S/o Sunder Lal Sahu, Aged about 32 years, R/o Village <& Post Janjgir- Sheorinarayan, Champa (C.(5.), Ex.- ITI Apprentice (Fitter), South Eastern Coalfields Area, bistrict Limited, Raigarh Raigarh (CG) Pawan Singh Paikra (Kanwor), S/o Fhul Singh Paikra, Aged about 41 years, R/o Village Sakrali-Khurd, Tahsil Janjgir- Champa (C.&.), Ex.- ITI Apprentice Eastern (Electricia), Coalfields Limited, Hasdev Area, Oistrict Shahdol (MP) Kushal Kumar Sonwani, S/o Udal Sonwani, Aged about 38 years, R/o Village & Post Manikpur, District ITI Apprentice Korba (C.6.). Ex.- (Fitter), South Eastern Coalfields Limited, Baikunthpur Area, bistrict Koria (CG) Ravi Shonkar Gabel, S/o Nankiram, Aged about 38 years, R/o Village Pota, Tahsil Malkharod, bistrict ITI Janjgir-Champa Apprentice (Fitter), South Eastern Coalfields Limited, Raigarh Area, bistrict Raigarh CG) (C.G.), Ex.- bistrict South 37

13. (C.G.), Ex.-

12. Kishore Kumar Sao, S/o Kanhaiya years, R/o Lal, Aged <&, District Village Jabalpur, Tahsil ITI Janjgir-Champa Apprentice (Fitter), South Eastern Coalfields Limited, Raigarh Area, Distn'ct Raigarh (CG) Bhupendra S/o bigambar Lal, aged about 38 years, Tahsil R/o Village Sheorinaryan, Janjgir- Champa (C.G.), Ex.- ITI Apprentice South (braughtsman/mech.), Eastern Coalfields Limited, Gevra Area, District Raigarh (CG) Mudpar, bistn'ct Kumar Sahu,

14. Chheduram Baghel/S/o Late Shri Mehttar Lal, aged about 41 years, R/o Village Birra, Tahsil Jeejpur,

16. Vs. 1.

4. RESPONDENTS: PETITIONERS 10 ^9 ^ Patel, Veterinary Veterinary District Janjgir-Champa (C.G.), Ex.- ITI Apprentice (Mechinist), South Eastern Coalfields Limited, Gevra Area, District Raigarh (C6) Ram Sushil Patel, S/o Abhimanyu/ aged about 35 years, R/o Village C/o V.K. Fiedl Assistant, Hosptial, Takhatpur, District Bilaspur (C.G.). ITI Apprentice (Electrician), Ex.- South Eastern Coalfields Limited, Raigarh Area, bistrict Raigarh (CG) Suraj Kumar Banjare, S/o Sunder Lal, aged about 36 years, R/o Purani Basti, Adil Chowk, District Janjir- Champa (C.&.), Ex.- ITI Apprentice Eastern (Surveyor/civil), Coalfields Limited/ Raigarh Area, District Raigarh (CG) South India Road, (W.B.) Kolkata Limited, 10, Netaji Coal Subhash Through its Chairman. Chairman-cum-Managing Director, S.E.C.L. Head Quarter, Seepat Road, Bilaspur (C.G.) Director Coalfields Bilaspur (C.(5.) Dy. Manager (Labour), South Eastern Coalfields Ltd., Seepat Road, Bilaspur (C.G.) (Personal), South Eastern Road. Personal Seepat Chief Ltd., W.P. FS1 N0.1108/09 Mani Pratap Singh, S/o Shri Anirudh Singh, Aged about 35 years, R/o Village Kuthila, P.0. Basrehi, P.S. Atralia, Tehsil Tehthar, t>istt. Rewa (M.P.), Ex.- ITI Apprentice (Fitter), SECL, Chrimiri Area, District Korea (CG) Kushal Prasad Patel, S/o Shri Vansh Gopal Patel, Aged about 36 years, R/o Village <& Post Dhangan, Tehsil Mauganj, bistrict Rewa (CG) Ex.- ITI Apprentice (Fitter), S.E.C.L., Hasdeo Area, Dist. Korea Prem Lal Singh, S/o Shri Indrabhan Singh, Aged about 38 years, R/o Tehsil Village Tenther, bistrict Rewa (M.P.), Ex.- ITI Apprentice SECL, Johila Area (MP) (Fitter), Kuthila, Post <& 11 ' r^) ^^ <^€'

6. ITI Sumiran (Fitter), S/o Patel, Ram Shri 39 Haribhan Patel, years, R/o Village bevas, Tehsil- Sirmour, District Rewa (MP) Ex.- ITI Apprentice SECL, Sohagpur Area, District Korea (CG) Ugrasen Patel/S/o Shri Ram Kumar Patel, aged about 40 years, R/o Post Village Dihi, Khajuhakola. Tehsil-Hujur, District Rewa (MP) Apprentice Ex.- (Welder), SECL, Chirmir Area, bistrict Korea (ce) Ram Tahal Patel, S/o Shri Girija Prasad Patel, aged about 37 years, R/o Village <& Post Paharkha, Tehsil- Gangaiv, District Rewa (MP) Ex.- ITI Apprentice (Electrician)/SECL, Chirmiri Area, District Korea (CG) Nagendra Kumar Singh, S/o Shri Ram Lakhan Singh/ aged about 37 years, R/o Village <& Post Judmaniya Baya Devtalab, bistrict Rewa (MP) ITI Apprentice (Electrician), Ex.- SECL, Chirmiri Area, District Korea (CG) Govind Narayan Singh, S/o Shri Raj Bahadur Singh, aged about 36 years, R/o Village <& Post Pekan (Ganv) Tehsil-Mauganj, bistrict Rewa (MP) ITI Apprentice (Electricion), Ex.- SECL, Chirmiri Area, District Korea (ce) Rajendra Prasad Chandra, S/o Shri Bed Ram Chandra, Aged about 40 years, R/o Village & Post Jai Jaipur, District Janjgir-Champa (C<5) Ex.- ITI Apprentice (Fitter), S.6.C.L., Raigarh Area, Dist. Korea (CG) 10. Mahesh Singh, S/o Shri Ram Siya Singh, aged about 35 years, R/o Tehsil Village Tenther, bistrict Rewa (M.P.), Ex.- ITI Apprentice SECL, Sohagpur Area, District Korea (CG) Ram Sumiran Patel, S/o Shri Ram Bharose Patel, aged about 38 years, R/o Village <& Post Barseda, Tehsil- Sirmour, District Rewa (MP) Ex." ITI Apprentice SECL, Sohagpur Area, District Korea (CG) (Fitter), (Fitter), Parsia, Post

11. <&

12. Arun Kumar Singh, S/o Shri Sambhu Singh, aged about 36 years, R/o Qr. 12 "^- ^

14. Tripal Story, (Fitter), Rajigawan, (MP) (Electrician), Post No.1764, Charcha, District Korea (C<?) Ex.- ITI Apprentice SECL. Hasdeo Area, bistrict Korea (CG) Bhimsen Patel, S/o Shri Shiv Prasad Patel, aged about 36 years, R/o Post Village Tehsil Mauganj, Kherakankeshra, ITI Rewa Ex.- District Apprentice SECL, Hasdeo Area, Oistrict Korea (CG) Shesh Narayan Tiwari/S/o Shri Raj Kumar Tiwari, aged about 37 years, R/o C.M.P.D.C. Qr. No.54, Bijuri Tehsil District Anuppur (MP) Ex.- ITI Apprentice (Electrician), SECL, Ha^deo Area, bistrict Korea (CG) 15. Avinash Chand Mishra, S/o Shri Ram Sushil Mi$hra,aged about 35 years, R/o Village <& Post Baheri, Tehsil Mauganj, District Rewa (MP) Ex." ITI Apprentice (Electrician), SECL, Hasdeo Area, District Korea (CG) Pradeep Kumar Gautam, S/o Shri Rajeshwari Prasad Gautam, about 36 years, R7o Gram Chandeh, Tehsil Mauganj, Post Naigarhi, Rewa ITI District Ex.- Apprentice SECL, Hasdeo Area, District Korea (CG) (MP) (Electrician),

17. Brijesh Kumar Singh, S/o Shri Bhaiya Lal Singh, aged about 36 years, R/o Village Ohodakiya Post Chau Khanda Tehsil Tanthar District (M.P.), Ex.ITI Apprentice Rewa (Electrician), SECL, Hasdeo Area, District Korea (C.G.)

18. Man Bahadur Singh, S/o Shri Bhaiya Lal Singh, aged about 36 years, R/o Village Village Rampur, Post Garhi (Soharwa), Tehsil Teithar District (M.P.), Ex.ITI Apprentice Rewa Baikunthpur SECL, (Electrician), Area, bistrict Korea (C.6.) Budhasen Prasad Patel, S/o Shri Kalu Prasad Patel, aged about 38 years, R/o Gram Rampurva, Post Sujwar Tehsil Mauganwa, District (M.P.), Ex.ITI Apprentice Rewa (Electrician), SECL, Bhatgaon Area, District Korea (C.G.)

20. Vijay Kumar Patel, S/o Shri Goya Prasad Patel, aged about 37 years, r-" 13 R/o Gram Salaiya Post Majhgaon, Tehsil Rewa Sirmour, District (M.P.), Ex.ITI Apprentice (Fitter), SECL, Vishrampur Area, District Korea(C.G.)

21. Brij S/o Kishor Mishra, Shri Hanuman Prasad Mishra,, aged about years, R/o Village Dhavaiya, 36 Tehsil Rewa Sirmour, District (M.P.), Ex.ITI Apprentice (Fitter). SECL, Hasdeo Area, bistrict Korea (c.e.)

22. Samant Kumar Shastri, S/o Shri Gore Lal Shastri, aged about 35 years, R/o Village Baima (Nagoei) Via SECL bistrict Bilaspur (CG) Apprentice Ex.ITI (Electrician), SECL, Korba Area, District Korba (C.G.) Post Basrehi, Rewa

23. Rajendra Singh, S/o Shri Ram Garib Singh, aged about 40 years, R/o Tehsil & Village Tenthar, District (M.P.), Ex.ITI Apprentice (Fitter), SECL, Sohagpur Area, bistrict Korea (C.6.) 24. Bisheshwar Prasad Bboji^ , S/o Shri Likhad Ram, aged about 36 years, R/o Village Bhaktudera Post Lovsara Tehsil Sakti District Janjgir (CG), Ex.ITI Apprentice Champa Area, Sohagpur SECL, (Fitter), Distnct Korea (C.G.) 26

25. Bedram Gond, S/o Shri Bhogi Lal Gond, aged about 38 years, R/o (Lovsara) Tehsil Village Bhadripali Sakti District Janjgir Champa (CG), Ex.ITI .Apprentice (Fitter), SECL, Sohagpur Area, District Korea (C.G.) Kamal Sai Karsh, S/o Shri Gayaram, aged about 38 years, R/o Village Tehsil Pathsra, Jaijaipur, bistrict Janjgir Champa Apprentice (CG), (Electrician), SECL, Raigarh Area, District Korea (C.G.) Kotetra, Ex.ITI Post

27. Satyapal Singh, S/o Shri Hari Prasad Singh, aged about 37 years, R/o Village Sikha, Post Nantla, Tehsil Vijay Raghav 6arh, bistrict (MP), Ex.-ITI Apprentice Katni Area, SECL, Chirmiri (Fitter), bistrict Korea (C.G.)

28. Ramesh Kumar Patel, S/o Shri Ram Vs RESPONbENTS; PETITIONERS 14 /^1., Sewak Patel, aged about 37 years, R/o Village Baheri, Post Dhera, Tahsil Mauganj, District Rewa (MP), Ex.-ITI Apprentice (Fitter), SECL, Chirmiri Area, District Korea (C.6.)

1. Coal India Limited, Subhash Road, Kolkata Through its Chairman. 10, Netaji (W.B.)

2. South Eastern Coalfields Ltd., Seepat Through Managing birector, Road, Its Bilaspur (C.G.) Chairman-cum-

3. Oirector (Personal), South Eastern Coalfields Ltd., Seepat Road, Bilaspur (C.(5.)

4. by. Chief (Labour), Coalfields Bilaspur (C.6.) Personal Manager South Eastern Ltd., Seepat Road, A W.P. FS1 N0.554/2009 Near (Laddu District Sattipara Satish Chandra Mishra, S/o Shri G.S. Mishra, Aged about 38 years, R/o Karbala, Ambikapur, Surguja, ITI Apprentice Chhattisgarh, Ex.- (Fitter), SECL, Bishrampur Area (Sarguja) Chhattisgarh. Santosh Singh, S/o Vijendra Nath, aged about 37 years, R/o C/o KK Singh Babu) Sattipara, Ambikopur, Sarguja, bistrict Apprentice Chhattisgarh, Ex-ITI SECL, Chhattisgarh. Satish Kumar Sinha, S/o Kedar Nath Sinha, aged about 35 years, R/o Post Manendragarh Road, Opposite of Hotel Shailgiri, Ambikapur, Manendragarh DistrictSarguja, Chhattisgarh, Ex- ITI SECL, Bishrampur Chhattisgarh. Gyanchand Soni, S/o Shri Ram Sagar Soni, aged about 40 years, R/o Ring Raghavpuri, Apprentice (Sarguja) (Sarguja) (Fitter) Batgaon Area Area Road ^-

9. 15 S/o Bepari, bistrict Sattipara, Namnakala, Mukherjee, Ambikapur, Road bistrict Sarguja, Chhattisgarh, Ex- ITI Apprentice SECL, Chirmiri Area (Sarguja) Chhattisgarh. Sudhir bewanshu 41 Chandra Bepari, years, R/o Behind Saraswati Shishu Ambikapur, Mandir, Sarguja, Chhattisgarh, bistrict Ex.ITI Apprentice, SECL, Chirmiri Area, Sarguja, Chhattisgarh. S/o Bimal Suraj Mukherjee, aged about 38 years, R/o Dhangaon, Post Tatapani Balrampur, Sarguja, Chhattisgarh, Ex-ITI Apprentice Area, District SECL, Sarguja, Chhattisgarh. Sharad Chandra Dwivedi, S/o Harprasad Dwivedi, aged about 39 village years, Sanghara, bistrict Chhattisgarh, Ex.ITI SECL, Sarguja, Chhattisgarh. Krishna Kumar Kushwaha, S/o Guru Dayal Ram Kushwaha, aged about 37 years, R/o Karji Darima Road, Ambikapur, Chhattisgarh, Ex. ITI Apprentice, Baikunthpur Area, Sarguja, Chhattisgarh. Sarguja, Apprentice Area, District SECL, District Chirmiri District Batgaon R/o Rahul Kumar ShrivostQva, S/o Bhaiya 38 Lal Shrivastava, years, R/o Near Puskar Gas Godam, ITI Hehru Nagar Rewa, MP, Ex. Apprentice, SECL, Bishrampur Area (Sarguja) Chhattisgarh. Sarguja, Lal Jaiswal, Jaiswal, S/o Thakur 10. Munna 42 Prasad years, R/o Village and Post Mahghai via Lakhanpur, Sarguja, Ambikapur, Chhattisgarh, bistrict Ex.ITI Apprentice, SECL, (Sarguja) Chhattisgarh. Ashok Shri basrath Saw, aged about 37 years, Behind R/o Mahamaya Petrol Pump, Near Arora Tiles, Ambikapur, Sarguja, Ex.ITI Apprentice SECL, Baikunthpur Area Kumar Gupta, Namna Road, Ring S/o

11. 16 (Sarguja) Chhattisgarh.

12. Rameshwar Kumar Sharma/S/o Shri Durga Prasad Sharma, aged about 34 ITI Colony, years, R/o Behind Sarguja, Ambikapur, Distn'ct Apprentice Chhattisgarh, Ex.ITI SECL, (Sarguja) Chhattisgarh. Batgaon Area

13. Om Prakash Pandey. S/o Jagdish Prasad Pandey, aged about 37 years R/o Chandrashekar Aazad Ward, Infront of Church C/o Ambikapur, Ambikapur, Pandey, Umakant Chhattisgarh, bistrict Ex.ITI Apprentice, SECL, (Sarguja) Chhattisgarh. Sarguja, RESPONbENTS: Vs. 1.

4. Present: India Road, Kolkata Limited, Eastern Coalfields 10, Netaji (W.B.) Coal Subhash Through its Chairman. Ltd., South through its Seepat Road, Bilaspur, Chairman - cum - Managing Director. (Personal), South Eastern Director Road, Coalfields Bilaspur (C.6.) Manager t>y. (Labour), South Eastern Coalfields Ltd., Seepat Road, Bilaspur (C.G.) Personal Seepat Chief Ltd., the petitioners the petitioners 752/09, For No.38/2009, 1108/09. For No.1061/09. For No.554/09. For the respondents in all the petitioners in W.P. in W.P. in W.P. (s) & (s) (s) the writ Mr. Manindra Shrivastava. Sr. Ashish Advocate Shrivastava/ Advocate Mr. F.S. Khare, Advocate Mr. Mr. C.J.K. Rao, Advocate Mr. P.S. Koshy, Advocate bhirendra Mishra, J petitions OR D E R (<2l. 4.2009) i. W.P. (s) Nos.38/2009, 752/09, 975/09, 1061/09, 1108/09 <& 554/09 are bein9 disposed of by this common order as the petitioners of all the above writ petitions have raised similar grievance against the respondents and have also prayed for 17 ^^, identical reliefs. However, in this order reference is being made to the pleadings made in W.P. (s) No.38/09.

2. The petitioners, in their writ petitions, rejoinder to the return as also in their oral submissions, have contended that the petitioners are qualified I.T.I. trained apprentices under the Apprentices Act, 1961 (for short 'A'ct, 1961'). They were appointed as I.T.I. Trained Apprentices under the Act, 1961 in between 1996-98 and were posted at different cotlieries under the respondent-S.E.C.L. After successful completion of apprentice training, the candidate has to appear in a test to be conducted by the National Council and after passing of the test, certificate of proficiency is issued by the National Council under Section 21 of the Act, 1961. Respondent-Coal India Limited (for short ICIL') of General Mazdoor Category-I (for short has sanctioned number of posts 'General Mazdoor') for appointment of trained technicians under its subsidiary companies. The petitioners were representing for issuance of proficiency certificate as also for their appointment on the post of General Mazdoor through their respective unions and assurances were respondent-SECL management in this regard in the past. Respondent-SECL management also recommended to CIL, Kolkata for sanctioning 450 posts of the General Mazdoor to be filled in by I.T.I. Trained Apprentices. The Hon'ble Supreme Court in the matter of U.P. State RoadTransport Corporation and another Vs. U.P. Parivahan Nigam Shikshukhs Berozgar Sangh others1 issued guidelines recruitment and appointment of General Mazdoor in the different subsidiary coal companies under the CIL. ' (1995) 2 SCC 1 18 The petitioners filed W.P. No.1357/02, which was disposed of vide order dated 8.11.2005 (Annexure P-5), with a direction to the respondents to consider the cases of petitioners for absorption and regularization on the post of General Mazdoor immediately. The respondents were also directed to take necessary steps to seek relaxation on ban imposed against appointments on the post of General Mazdoor. Review applicatioh respondent-CIL bearing M.C.C. No.254/05 was also rejected vide order dated 28.4.2006 (Annexure P-6). The respondent-CIL preferred Civil Appeal No.1714/07 against the orders of Annexure P-5 <& P-6 before the Hon'ble Supreme Court. The appeal was disposed of vide order dated

29.3.2007 with the observations that the management has no obligation to give employment or to absorb the trained apprentices in the establishment, the direction given by learned Single Judge in this regard is totally wrong and liable to be set aside, however/ if vacancies are advertised for regular appointments and everything being equal, then a preference may be given to the candidates who have been trained, as they have undergone training in the establishment and thus have legitimate expectations. It has been further observed that if the incumbents have successfully completed the training, there is no reason to withhold their proficiency certificate. Respondents have issued advertisement for recruitment and appointment of General Mazdoor in SECL on 26.6.2008 (Annexure P-9) published select lists dated

17.10.2008 (Annexure P-10) <& 21.12.2008 (Annexure P-11) of the candidates who have been called for appearing in the written examination and interview. The above procedure of recruitment followed by the respondents is contrary to the 19 directives of the Hon'ble Supreme Court. Respondents have initiated recruitment process pubtished candidates vide Annexure P-10 <& P-11 short-listing the eligible candidates to appear in the written examination before the screening committee, which is contrary to the observations and directives given by the Hon'ble Supreme Court. It has been further contended that the respondents were duty bound to forward the list of apprentices, who have successfully completed the apprentice training, to the National Council, authority constituted under the Act, 1961. Numbers of candidates, whose names find place in Annexure P-10 <& P-11, are also over-age. The petitioners were also issued interview call letters after successful completion their training in the year 1995-96, 1996-97 <& 1997-98, however, they were denied appointment on the ground that there is ban imposed by the Central Government, whereas, number of persons, at least 246 persons, were appointed by the respondent CIL during ban period vide Annexure P-15 <& P-

16. One Shri Shiv Kumar Soni was appointed as General Mazdoor vide Annexure P-12 dated 3.1.2007 on the basis of directions issued by this Court in W.P. No.1681/1999. Respondent SECL strongly recommended relaxation in the upper age limit for appointment of the ITI trained apprentices on the post of General Mazdoor, however, the same was declined by respondent CIL vide their letter dated 16.10.2008. Respondent-SECL has again recommended relaxation of upper age limit vide their memo dated

7.1.2009 and the same was again turned down by respondent CIL vide their memo dated 9.1.2009. Citing instances of appointment of few candidates in the year 1996- 97 <& 1998 it has been alleged that the petitioners have been 20 "^^ discriminated in the matter of appointment on the post of General Mazdoor.

3. The respondents return as the oral submissions denied the allegation lists of candidates appearing in Annexure P-10 & P-11 pertain to their selection, it is only an intimation to the eligible candidates to appear the selection process. The respondents are complying with the orders passed by the Hon'ble Supreme Court in Civil Appeal No.1714/07. Respondents are not competent authority for issuing proficiency certificate, as the same is issued by the National Council as per Section 21 the Act, 1961. National Council has not been arrayed as respondent. Respondents have already issued experience certificate to all the candidates who have undergone training including the petitioners. It is settled law that apprentice is not a workman and it is not obligatory on the part of respondents to offer employment to any apprentice who has completed apprentice training in its establishment. The petitioners are entitled for preferential appointment only when other things are equal. Names of the petitioners herein could not be included in the select lists of Annexure P--10 <& P- 11 as after screening of their applications by the Screening Committee they were found to be over-age than the maximum permissible age even after giving due relaxation to the extent training period undergone by them with the respondents. Case of Shri Shiv Kumar Soni was considered in the light of directions of this Court and therefore his case cannot be cited as precedent, as since then the Hon'ble Supreme Court had decided the case of petitioners vide its judgment dated

29.3.2007.

4. I have heord learned counsel for the parties. ~T 21

5. This is second round of litigation between the parties. As already detailed above, in the earlier round the petitioners' writ petition was disposed of by this Court with certain directions reproduced in the earlier paragraphs. Review petition filed by the respondents was also dismissed by this Court, however, Civil Appeal preferred by the respondents was allowed by the Hon'ble Supreme Court with the following directions;- ".........When the apprentice undergoes a training, there is no obligation for the Management to give him employment/absorption in the establishment. Therefore, the direction given by learned Single Judge is totally wrong and liable to be set aside. However, case vacancies are advertised for regular appointment and everything being equal, then a preference may be given to the candidates who have been trained by this establishment because they have undergone a training in this establishment and have legitimate expectation." "If the incumbents have already successfully there is reason to completed the training, withhold their proficiency certificate." Grievance of the petitioners is that the respondents have initiated selection process and selected certain candidates whose names appear in the select lists of Annexure P-10 <& P- 11 and directed them to appear in the written examination, which is contrary to the observations and directions of Hon'ble Supreme Court.

6. In the matter of U.P. State Road Transport Corporation <& another the Hon'ble Supreme Court while dealing with the claim of trainees to get employment after completion of their successful training under the Act, 1961 and Rules framed there-under, has held thus; 22 "12. In the background of what has been noted above, we t'n mind while trainees to get employment state that dealing with the claim of after successful completion of their training: the following would be kept (1) Other things being equal, a trained apprentice should be given preference over direct recruits. (2) For this, a trainee would not be required to get his name sponsored by any employment exchange. The decision of this Court in Union of India K A/. Hargopa1 wo^\d permit this. is stated in this regard, (3) If age bar would come in the way of the trainee, the same would be relaxed in accordance with in the if any, service rule concerned. If the service rule be silent on this aspect, relaxation to the extent of the period for which the aspect, relaxation to the extent apprentice had undergone training would be given. (4) The training institute concerned would maintain a list of the persons troined yearwise. The persons trained earlier would be treated as senior to the In between the trained persons trained later. apprentices, preference shall be 9iven to those who are senior. for which 'period giving position 20-10-1992 that while considering the cases of Insofar as the cases at hand are concerned, we 13. find that the Corporation filed an additional affidavit in CA Nos.4347-4354 of 1990 (as desired by the Court) regarding vacancies in the posts of conductors and clerks. If such posts be still vacant, we direct the Corporation to act in accordance with what has been stated above regarding the entitlement of the trainees. We make it clear trainees for 9i"vin9 employment in suitable posts, what has been laid down in the Service Regulations of the Corporation shall trainees would not be required to appear in any written Regulations. It is apparent that before considering the case of the trainees, names being sponsored by the employment exchange would not be insisted upon. the age requirement is concerned, the same shall be relaxed as indicated above." the requirement of followed, except examination, Insofar as provided ^1- 23 ^•^

7. In the matter of Kendriya Vidyalaya Sangathan and others Vs. Sajal Kumar Roy and others2 the Hon'ble Supreme Court while considering the discretion of the appointing authority in the relaxation of the upper age limit held that discretionary jurisdiction in the matter of relaxation of upper age limit could be exercised under the relevant rules and within the four corners thereof and consequently, issuance of directions by the High Court to the appointing authority for relaxation of age has been deprecated. s. In the instant case categorical stand of the respondents is that applications of the petitioners for appointment on the post of Oeneral Mazdoor were considered, their applications were duly processed by the Screening Committee, who after verification of the particulars of the petitioners found them to be over-age even after giving them relaxation to the extent of training period undergone by them with the respondents, and therefore, call-letters could not be issued to them. It has been further mentioned that the maximum age limit for selection in respect of non-executives is 30 years for general candidates; 33 years for OBC candidates and 35 years for SC & ST categories candidates. The above fact has not been controverted by the petitioners in their rejoinder.

9. So for as the judgment of the Hon'ble Supreme Court in the matter of U.P. State Road Transport Corporation <& another relied upon by the parties is concerned, it clearly mentions if the age bar comes in the way of trainees, the same would be relaxed in accordance with what is stated in this regard, if any, in the service rules concerned, and if service rules be silent on this aspect, relaxation to the extent of period for which apprentice hod undergone trQining (2006) 8 SCC 671 24 c^^ be given. Taking into consideration that petitioners' cases for recruitment could not be considered due to age bar even after giving them relaxation of period for which they had undergone training, the grievance of the petitioners that respondents have initiated selection process in violation of the directives of the Hon'ble Supreme Court in this regard appears to be unfounded. io. Mr. Manindra Shrivastava, learned Senior Counsel for the '^ petitioners has much stressed upon the fact petitioners issued interview call-letters successful completion of their apprentice training period between 1995-98 for their appointment on the post of General Mazdoor, however, their cases for appointment could not be considered on the pretext of ban imposed by the Central Government. However, the ban was never acted upon respondents, resorting to appointment on the post of General Mazdoor on pick <& choose basis in the ban period. Appointment orders were issued even during ban period and as per admission of respondents, 246 appointments were made in the year 2000-01 after formation of the global seniority. However, the petitioners were denied appointment in the most arbitrary manner. Relying on the judgment of Hon'ble Supreme Court in the matter of Kumari Shrilekha Vidyarthi and others Vs. State of U.P. and others3 it was argued that the petitioners have been able to establish their case by documentary evidence that action of the respondents company is un-informed by reasons inasmuch as there is no discernible principle on which is based or is contrary to the prescribed mode of exercise of the power or is unreasonable. The petitioners have been time and again asking for details of appointments (1991) 1 SCC 212 25 (^^ made by the respondents during ban period and it was bounden duty of the respondents to disclose the information asked for in order to show that the appointments were made on the sound principle and informed by the reasons, since a prima facie case of arbitrariness is made out against respondents, the action of respondents in not appointing the petitioners is arbitrary and the same deserves to be quashed. ii. This is second round of litigation by the petitioners for the similar reliefs. Allegation of discrimination against respondents is based on certain appointments made by the respondents between 2000-01 and thereafter till 2005. The Hon'ble Supreme Court, after hearing the counsel respective parties, allowed the civil appeal preferred by the respondents and directed the respondents that as and when vacancy for regular appointment is advertised and everything being equal, preference may be given to the candidates, who have been trained by the establishment, ond it appears from the above order that the argument, now being advanced by learned Senior Counsel the petitioners, did not favour and therefore, in the considered opinion of this Court the above argument on behalf of the petitioners based on the alleged discriminatory appointments of other employees cannot be considered in view of categorical directions of the Hon'ble Supreme Court.

12. On the basis of aforesaid discussions, this Court is of considered opinion that the petitioners are not entitled for any relief claimed in these petitions. The petitions being devoid of accordingly dismissed. No orders as to costs. — substance deserve to be dismissed and are Sd/- Dhirendra Mishra Judge ,^^.sLt^»'Y