Nafr High Court
Case Details
1 (WPS No.53 of 2017, WPS No.5914 of 2016 & WPS No.5124 of 2017) ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.06.30 11:28:23 +0530 2025:CGHC:28822 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 53 of 2017 1 - Kanhaiya Lal S/o Shri Sarvan, Aged About 59 Years R/o Khogapani, Colliery, Police Station Manendragarh District Korea Chhattisgarh 2 - Raghunath S/o Panchu, Aged About 53 Years R/o Khongapani, Colliery, Police Station Manendragarh, District : Koriya (Baikunthpur), Chhattisgarh 3 - Rajbir S/o Deepchand, Aged About 58 Years R/o Khongapani, Colliery, Police Station Manendragarh, District : Koriya (Baikunthpur), Chhattisgarh 4 - Parashram S/o Kishore, Aged About 56 Years R/o Khongapani, Colliery, Police Station Manendragarh, District : Koriya (Baikunthpur), Chhattisgarh --- Petitioner(s) versus 1 - South Eastern Coalfileds Limited Through Chairman-Cum- Managing Director, South Eastern Coalfields Limited, Seepat Road, Bilaspur Chhattisgarh 2 - Director Personnel South Eastern Coalfields Limited, Seepat Road, Bilaspur Chhattisgarh 3 - Chief General Manager, South Eastern Coalfields Limited, Hasdeo Area, P. O. South Jhagrakhand, District Koriya Chhattisgarh 4 - Deputy General Manager Personnel, South Eastern Coalfields Limited, Jhagrakhand Sub Area, Hasdeo Area, P. O. 2 (WPS No.53 of 2017, WPS No.5914 of 2016 & WPS No.5124 of 2017) West Jhagrakhand, Chhattisgarh District : Koriya (Baikunthpur), 5 - Senior Officer P/ A, South Eastern Coalfields Limited Jhagrakhand Sub Area, Hasdeo Area, P. O. West Jhagrakhand, District : Koriya (Baikunthpur), Chhattisgarh --- Respondent(s) (Cause-title taken from the Case Information System) For Petitioner For Respondents
Legal Reasoning
:-Mr. Chandresh Shrivastava, Advocate :-Mr. Sudhir Kumar Bajpai, Advocate WPS No. 5914 of 2016 1 - Balak Sai S/o Thondlo Aged About 57 Years R/o Khongapani, Tahsil-Manendragarh, Police Station-Jhagrakhand, District-Koriya, Chhattisgarh 2 - Nasruddin, S/o Rahmat Aged About 57 Years R/o Khongapani, Tahsil-Manendragarh, Police Station-Jhagrakhand, District : Koriya (Baikunthpur), Chhattisgarh 3 - Suresh S/o Samaru Aged About 54 Years R/o Khongapani, Tahsil-Manendragarh, Police Station-Jhagrakhand, District : Koriya (Baikunthpur), Chhattisgarh 4 - Lekhan S/o Chhotelal R/o Khongapani, Tahsil- Manendragarh, Police Station-Jhagrakhand, District-Koriya, Chhattisgarh. 5 - Babulal S/o Deodutt Aged About 58 Years R/o Khongapani, Tahsil-Manendragarh, Police Station-Jhagrakhand, District : Koriya (Baikunthpur), Chhattisgarh ---Petitioner(s) Versus 1 - South Eastern Coalfields Limited S/o Through Chairman- Cum-Managing Director, South, Eastern Coalfields Limited, Seepat Road, Bilaspur, Chhattisgarh 2 - Director Personnel South Eastern Coalfields Limited, Seepat Road, Bilaspur, Chhattisgarh 3 (WPS No.53 of 2017, WPS No.5914 of 2016 & WPS No.5124 of 2017) 3 - Chief General Manager, South Eastern Coalfields Limited, Hasdeo Area, P.O. South Jhagrakhand, District : Koriya (Baikunthpur), Chhattisgarh 4 - Deputy General Manager Personnel, South Eastern Coalfields Limited, Jhagrakhand Sub Area, Hasdeo Area P.O. West Jhagrakhand, (Baikunthpur), Chhattisgarh District Koriya : 5 - Senior Officer P/ A, South Eastern Coalfieds Limited Jhagrakhand Sub Area, Hasdeo Area. P.O. West Jhagrakhand, District : Koriya (Baikunthpur), Chhattisgarh --- Respondent(s) (Cause-title taken from the Case Information System) For Petitioner For Respondents :-Mr. Chandresh Shrivastava, Advocate :-Mr. Kashif Shakeel, Advocate WPS No. 5124 of 2017 1 - Narayan S/o Shri Bishnu, Aged About 59 Years R/o Village Khongapani, P. O. Khongapani, Tahsil Manendragarh, District Koriya Chhattisgarh 2 - Padum Lal, S/o Shri Kalpu, Aged About 55 Years R/o Village Khongapani, P. O. Khongapani, Tahsil Manendragarh, District : Koriya (Baikunthpur), Chhattisgarh 3 - Sant Ram, S/o Roop Ram, Aged About 53 Years R/o Village Khongapani, P. O. Khongapani, Tahsil Manendragarh, District : Koriya (Baikunthpur), Chhattisgarh 4 - Hazari Lal, S/o Shri Brijbhan, Aged About 57 Years R/o Village Khongapani, P. O. Khongapani, Tahsil Manendragarh, District : Koriya (Baikunthpur), Chhattisgarh 5 - Kamla Prasad, S/o Akloo, Aged About 54 Years R/o Village Khongapani, P. O. Khongapani, Tahsil Manendragarh, District : Koriya (Baikunthpur), Chhattisgarh 4 (WPS No.53 of 2017, WPS No.5914 of 2016 & WPS No.5124 of 2017) 6 - Ramkewal, S/o Shri Hira, Aged About 59 Years R/o Village Khongapani, P. O. Khongapani, Tahsil Manendragarh, District : Koriya (Baikunthpur), Chhattisgarh 7 - Munna Singh, S/o Shri Chhatpati, Aged About 53 Years R/o Village Khongapani, P. O. Khongapani, Tahsil Manendragarh, District : Koriya (Baikunthpur), Chhattisgarh Versus ---Petitioner(s) 1 - South Eastern Coalfields Limited S/o Through Chairman Cum Managing Director, South Eastern Coalfields Limited, Seepat Road, Bilaspur, Chhattisgarh 2 - Director Personnel, South Eastern Coalfields Limited Seepat Road Bilaspur Chhattisgarh 3 - Chief General Manager, South Eastern Coalfields Limited, Hasdeo Area, South P. O. Jhagrakhand Colliery, District : Koriya (Baikunthpur), Chhattisgarh 4 - Deputy General Manager Personnel , South Eastern Coalfields Limited, Jhagrakhand Sub Area, P. O. West Jhagrakhand, District : Koriya (Baikunthpur), Chhattisgarh 5 - Assistant Manager Personnal , South Eastern Coalfields Limited, Jhagrakhand Sub Area, P. O. West Jhagrakhand, District : Koriya (Baikunthpur), Chhattisgarh --- Respondent(s) (Cause-title taken from the Case Information System) For Petitioner For Respondents :-Mr. Chandresh Shrivastava, Advocate :-Mr. Shailendra Shukla, Advocate SB - Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 27.06.2025 1. Since common question of fact and law are involved, on the joint request of learned counsel for the parties, these 5 (WPS No.53 of 2017, WPS No.5914 of 2016 & WPS No.5124 of 2017) three writ petitions are clubbed together, heard together and are decided by this common order.
Decision
2. The writ petitions bearing Nos.53/2017 & 5914/2016 are directed against order dated 29.06.2016 and the writ petition bearing No.5124/2017 is directed against order dated 19.08.2017, whereby the petitioners’ services were converted from Piece Rated employees to Time Rated employees. 3. Learned counsel for the petitioners submits that vide the impugned orders, the petitioners services were converted from Piece Rated employees to Time Rated employees without issuing any notice and without following due procedure of law as prescribed under Industrial Dispute, 1947, which is unsustainable and in violation of principles of natural justice. He would further submit that because of the said conversion the salary of the petitioners were reduced considerably and it also affected superannuation benefits and leave wages etc. of the petitioners, who were on the verge of retirement (now retired from service), as such, the impugned orders ought to have been passed after affording due opportunity of hearing to the 6 (WPS No.53 of 2017, WPS No.5914 of 2016 & WPS No.5124 of 2017) petitioners, which was not done and, therefore, the impugned orders deserve to be quashed. 4. On the other hand, learned counsel for the respondents would submit that the pay protection was granted to the petitioners vide the impugned orders and, therefore, the petitioners are not entitled for the reliefs sought and these writ petitions are liable to be dismissed. 5. Be that as it may, since the impugned orders, by which the petitioners’ services were converted from Piece Rated employees to Time Rated employees, caused rejection of financial benefits of the petitioners, it ought to have been passed after affording due opportunity of hearing to the petitioners. Accordingly, impugned orders dated 29.06.2016 & 19.08.2017 are hereby set aside. Since the petitioners have retired from service, therefore, no liberty is granted to the respondents. 6. With the aforesaid observations, these writ petitions are allowed to the extent indicated herein above. No cost(s). @d!t! Sd/- (Sanjay K. Agrawal) Judge