/^^^ ^--/ (V^Q^' IN THEJIIGH COURT OF CHHATISGARH AT BILASPUR WRITTETITION N0. ^ ^ fal¥'/2003 ^ SRsaSboed/ Smt S^go^iSadhu, w/o late U.K. Sadhu, y r/o Shaheed Bhagat Singh Colony, f Post: Korba Colliery, Disf.Korba PETITIONER VERSUS 1. Coal India Limited, / 10, Netaji Shubash Road, Kolkata 2. South Eastem Coalfields Limited, Through : Chairman-Cum-Mauagmg Director, Seepat Road, Bilaspur. RESPONDENTNo.l RESPONDENT No.2 Writ Petition under 226 ofthe Constitution of India a-_...-».:-1^AA ^ y -n ^—i i 'x^ < ''^"' HIGH COURT OF JUDICATURE CHHATTISGARH : BILASPUR DIVISION BENCH -CORAM : HON'BLE SHRI H.L. HON'BLE SHRI V.K. ,CJ. W.P. N0.3402 OF1999 Rabindra Nath Mukhopadhyay Versus Ur.'on of india ano P6TITIQNER RESPONDENTS Present: Shri Rabindra Nath Mukhopadhyay, peutiorier in person, Shri Bhishma Kinger, Standing Counsei for Union of indi& respondent No.1. Shri P.S. Nair, Sr. Advocate with Shri Vlnod Deshmukh, counsel for Coal tndia Limited and South Eastern Coalfields Limited/ respondents No. 2 and 3. PETmONERS RESPONDENTS W.P, N0.4621 OF 1999 H.D. Gupta & othei Versus Union of India and Present: Shri Rabindra Nath Mukhopadhyay, party' in person. Shri Bhishma Kinger, Stcsnding Counsei for Union of india respondentNo.1. Shri P.S. Nair, Sr. Advoeate with Shrl Vinod DeshrnuRh, counsel for Coal India Limited and South Eastern Coalfields Limited/ respondents No. 2 and 3. PETITIONER W.P. N0.3466 OF 2003 Smt. Saraswati Sadhu Versus 2- RESPONDENTS: Coal India Limited & another, Present: Shri Rabindra Nath Mukhopadhyay, party in person Shri P.S. Nair, Sr. Advocate with Shri Vinod Deshmukh, counsel for Coal India Limited and South Eastern Coalfields Limited/respondents. QRALORDER on19thFebruaiy,2< The following oral order of the Court was passed by H.L. Dattu, CJ. ^' The issues involveci in all these writ petitions aie common, therefore, they are clubbed, heard and disposed of by this common order. v& K (2) Petitioner in W.P. No. 3402 of 1998, at the time of fjling of this writ petition, was woridng as Legal Manager in South Eastern Coalfields Limited. He is also General Secretary of the Coal Mines Otficers' Association of India. In this writ pet'rtion, the petitioner is \ ^aeking the following reliefs. They are: "i) To quash the Annexure P-1 by issuing the certiorari. ii) To issue a writ of mandamus directing respondents to pay gratuity to alt the executives who retired between the pericx! 1-1-92 to 24-9-97 at the rate of 15 days' salary for each completed year ofservice, iii) To award interest on the balance amount of gratuity payable to the executives who retiredbebveen 1-1-92to24-9-97. iv) To hoid that Sec.4(3) of the Payment of Gratuity Act is ultra vires. ^., is^s.a. Ss. ^ss*'. ^:fr; ssK ^ sl BK' Sa. i»SS as»; ^•^:'1"':^ ^s^''.^.. ^;; BK K v). To award costs to the petitioner. vi). Anyother relief/ reliefe order/ orders, writ/writs, direction/ directions as may be doemed fit by thls Hon'ble Court. •-'l' ' '• '• •• •• • (3) Alterargying the matter for some time, leamed Ssnior Counsel appearingfor respondents No.2 and 3/Coal India Limited & South Eastem Coaffields Llmited would submit, that, if the petiUoner approaches respondent - Coal India Limited for redressal of his grievances and also grievances of other Officers ofthe respondents ~ OrganisaUon, thesame would be sympathetically considered by the re«|»ndents. i (4) %The suggestion made by the learned Senior Counsel is not opposed by the petitioner who appears in person. Jha petitioner as well as respondents No. 2 and 3 haveflted memos before us. @«s||Memo fited by petiUoner - Rabindra Nath Mukhopadhyay reads i 'jundeF:"l,^|^t'::'' :!:" • : '1'1:'"1 ' :' r'ff:i*^<%f?NT%l"That'the'p8Utioner begs to submit that the1 i ; ^d^r re$pondents In conUnuation of order dated 07.01.2002 passedbythls Hon'ble Court have an expressed their willingness to consider SYmpatheticallytheclalmof the officers and their 1 ^ llegal dependent; l^ of such subraissions the i i ,P^oner Eu^ the same and will make representation before the CMD, Coal India Ltd., f ^ for conslderation his grievances by sympathetlcailyandaccordingly the matter may kindly be disposed. " (6) Memo filed by learned counse! for respondents No. 2 and 3 reads asunder: / R-SsBi IJ"^^ fia l^i )'i3! R i:G i t! r S®^ l^ & BtB 's^.'.- ss< SKr w: Ll " By order dated 07.01.2002 passed by this Hon'ble Court, theRespondent No.1 and 2 begs to submit that thecommittee of three members have been constltuted to examine the grievances of the petitloner indlvldually and the same grievances were examined whsnever, any more claim in raspect of concemed officers that'he can submit the same to CMD, Coal India Limited, Kolkataand get the matter to examine and will take the sympathetically view in light of the grievances of the petitioner. He may therefore, submit a detail of the claim Individually of the concemed officer to CMD, Coal Indla Limited, KOIkata and thereafter the Respondent No.2 will consider the grievances of the petitioner by sympathetically view. That,in view ofthe above submission, the Hon'bie Court be pleased disposedthe matter accordinsiy" (7) In view of the memos so filed by the petitioner as weii as irespondenls No.2and 3, we are ofthe opinion that we need not go into /the merits and demerits of the petitloners' case, Accordingly, the followlng: Order O) The wrK petittorisare disposed of. (II) The memos filed by the parties to the lis are placed on record. (ili) The pettttonere are at liberty to make appropriate representations before respondent - Coai India Limited, within a month's time from today for redressal of their grievances. r BS '"0-^ 'N fSKi:. m^y' aia.gi^ r^>'.' flsa*i'' :MiSi;:t: .BSIlsr: 91B"i' 9Ss y^^ '•' f s .!%;t-%^.: %Ssi sss ?(^^<^^'^- '^ < • T^?.:^?^:3\:'-£^.--;;'/ El? S8Si ;i?: (iv) If and when such representations are filsti petitionere, the respondent - Coal india Limitsd shai! conslder tha same sympatheticaily, pass appropriate orders and serve a copy of the said order on the pefa'tioners. fffor any reason, the petitioners are aggrieved bythe saldorder, they are at llberty to approach this Court once agafn.. (v) Allthecontentionsraised byboththe partiesareleiitopen. (vi) Ordered accordingty. Sd/- V.K-Shrivastava Sd/- I •:Iud9e Ouef Justice