HONOURABLE SRI JUSTICE A. GOPAL REDDY AND HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT APPEAL No.84 of 2001 Between: The Singareni Colleries Co. Ltd., rep. By its General Manager, Ramakrishnapuram and another … Petitioners and Barusoru Beeraiah. … Respondent This court made the following: HONOURABLE SRI JUSTICE A. GOPAL REDDY AND HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT APPEAL No.84 of 2001 ORDER: (per the Hon’ble Sri Justice Vilas V.Afzulpurkar) This appeal is filed by Singareni Collieries Company Ltd., aggrieved by the order of the learned Single Judge holding that the respondent/writ petitioner, who was recruited as General Mazdoor, Category-I, Stores, RKP on re-designation cannot be posted as General Mazdoor (underground). Learned Standing Counsel appearing for the writ appellants has brought to our notice that pending this writ appeal, the respondent/writ petitioner has been promoted as Explosive Career, Category-IV, who was working in the underground, and has apparently no grievance as he is promoted to the said post. The contention which was accepted by the learned Single Judge was that respondent No.1 having been appointed as “General Mazdoor Category-I Stores, RKP”, cannot be re-designated as “General Mazdoor (underground)”. Learned Single Judge also recorded a finding that the appointment itself is to the Category as above. Respondent No.1 can only be posted to work in stores whether on the surface or underground. Accordingly, the writ petition was allowed. We, however, find from the letter of appointment of respondent No.1, dated 23.10.1990, that he is appointed as Badli to work in stores on piece rate with fall back wages applicable to Group-I piece rated workers. Even the aforesaid order states that respondent No.1’s services are liable to be transferred to any of the Coalfield worked by the Company and that his appointment will be subject to transfer from time to time. It is also mentioned in the counter filed by the appellant that respondent No.1 has undergone training in the Mines Vocational Training Centre. After that he was re-designated as General Mazdoor (underground) enabling him to obtain underground allowance, which will not be granted to the workers working as General Mazdoor on the Surface. We are, therefore, unable to appreciate that there is a change in condition of service as contemplated under Section 9A of the Industrial Disputes Act, 1947. In view the said aspect coupled with the fact that respondent No.1 is promoted as Explosive Carrier Category IV and working as such for a considerable length of time, the grievance of respondent No.1 in the writ petition, does not any more survive. Consequently, the impugned order is liable to be set aside and is, accordingly, set aside. The Writ Appeal is allowed. The various writ petitions, which were tagged on with this appeal for hearing, are released from the list and the Registry shall post these writ petitions before appropriate learned Single Judge for hearing. There shall be no order as to costs. _____________________ A. GOPAL REDDY, J _____________________________ VILAS V. AFZULPURKAR, J February 4, 2011 LMV