i» 5-L^W°iiiM s^.. ^^^p^ •, ^^^"\ ' ,..,, THE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. N0. /^-7y2006 RE-5SP! PETrTIONER RESPONDENTS r'HAK^J^e'rat'oi'"1?^ -/^Nohar Singh S/o Shri Bir Sai, aged about43 years, S.E.C.L. Employee, R/ovillage aridPost Pandavapara Colliery, District Korea [C.G.] VERSUS (1) Union of India, Through- The Principal Secretary of Minista-y of Coal, New Delhi. .(2) Chief General Manager, South Eastern Coal fields Limited [SECL] Seepat Road, Bilaspur [C.G.]. ^ (3) Chief General Manager SECL, Baikunthpur, District Korea [C.G.]. (4) Sub Area Manager, SECL Jhilmili, Sub Area- Pandavapara Colliery, District Korea [C.G.]. PETITION UNDER ARTICLE 226 /227 OF CONSTITUTIONOF INDIA .XI-HC-22 \.- ~-"\ ?;°T''qCT^T; riTtlti'lfi, 'fq?ITgy iirewgmN;...y^^.aa/'s.A....•^ 200 Pcsnel Counsel tdkes notice on bdialf of •OT^i'qn f?;n??siiiCT aTtira-^T sn^iTOiiw^fOT Wlfel'iFT'qFRff-ff feizt • ^T 3lfs<Tq 311^1 24.4.2006 ate for thepetitioner^ Shi-i J.K. Shastri. Advo Shri S.K. Beriwal, 5r. respondent No.l. Dr. N.K. Shukic, Sr. directed to take notice on bei The peTittoner's ccse Piece Rated Worker (Loader| Advocate with Shri Sunil AAersa, Advocate lalf of respondentd No.2 to 4, . , Speciai Piece Rated aiibwaric^ is ThaT he was appointed on 7.11.1994 as at fhe rote of fts.88.93 paise per day vuith of Rs.2.12 paise. The petitioner was given wages <it the aboye rat®upt^ 31.014998 gnd thereafter his eat^ory has been chonged from Piece Rc^i-ed Worker to Time ftAed Worker from the nionth of February, 1998. pie grievance of tRs petitionsr is that after the chonge 07 his categoryj tHe re^sondents are not providin9 him iine benefit of pay protection, ^hereas,as per eircular dated 17.2.1995 he is ai+itled for the same or'd i^i this regard, +hs pstitioner has made several repre^nta-rions to +he rasjiondents but they are not paying any heed to *he sarae. l-sar-ned counsei f^r the petitioner submit+ed that cs per pr-ovisions of -Seetion 33 ren'edy is ava'iabie to itiei may be directed to make| of The Industdal Oisputes Aet alternative pe+itioner, but he prayed thst +he pet'tioner o, ds+aileci represen+ation before respondent [T^^fe^ XI-H'C-22 • stlta^l ^ira'-sntCT WIR;'Hft'g \'<' ftoshan/- ,1^. -ss. -^nvvn, wSrms, («<ctitiy 'WIRpftt WRlf ^ TSts! ^fsR^R •^srfiOTCT^ No.3 and in turn rsspondent rept'esentation in aceordanee Hsving heard teornsd tiie facts ond ciroumatcinces o1 for liie petirioner qipears to the petittoner is ailowed t<^ respondent No.3 wi1+iin ten day| is directed to decsde The ''^irejser' with icw within a period of tht^je r'e&ressntution, With +h®direetion afore^aid Certified copy as per nii^s- cou^sel for the por+iss and haysng rsgord to •riis case,the request made by sounsei ^se just, fcir ca-id recsonabie, l+ierefo , make a detaiiec! representation to from today and in turn reqsondent No.3 r^sr^^ntation of. ?he petitioner in accordance tht^je mon'ttis from the ciate of receipt of the No.3 may be directed to cfecide the id, tiie petitwn s'twiA oiispo.wd of. s< L.C. Bhadoo Judge