Jharkhand High Court
Anirudh Kumar Nonia vs M/S Bccl on 17 February, 2017
Author: S. N. Pathak
Bench: S. N. Pathak
1 W.P.(S) No. 3472 of 2012
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 3472 OF 2012
Anirudh Kumar Nonia ... ... ... Petitioner
V e r s u s
1. M/s. BCCL through its Chief Managing Director, Koyla Bhawan, Dhanbad.
2. General Manager, Putki Balihari Area, BCCL, Dhanbad
3. General Manager (Personnel and Industrial Relations), M/s. BCCL, Koyla Bhawan,
Dhanbad
... .. ... Respondents
CORAM: HON'BLE MR. JUSTICE DR. S. N. PATHAK
For the Petitioner : Mr. M.B. Lal, Advocate.
For the Respondents: Mr. Nagmani Tiwari, Advocate.
6/17.02.2017. Heard the parties.
The petitioner has approached this Court with a prayer for quashing of the letter dated 29/30.04.2010, issued by the respondent no. 3 by which the respondents have rejected claim of the petitioner for reinstatement and further to reinstate him in parity with the similarly situated other persons.
The factual matrix of the case as has been delineated in the writ petition is that petitioner was appointed on 19.12.1996 as a mines loader as a permanent employee of M/s. Bharat Coking Coal Limited having his personal number as 02982726 and there was no complaint against him. Petitioner submitted his resignation on 02.02.2005 for contesting Assembly Election as an independent candidate, which was duly accepted by the Project Officer, Gopichak Colliery vide his letter dated 19.02.2005. The petitioner, though contested election, but he could not succeed. Thereafter, on 02.03.2005, the petitioner submitted an application to respondent no. 2 requesting therein to cancel his resignation dated 02.02.2205 and further not to give effect letter dated 19.02.2005 by which his resignation has been accepted and further to allow him to resume his duties. The petitioner submitted several representations including letters dated 27.10.2005, 21.02.2007 and 04.09.2007 but no orders have been passed and hence this writ petition.
Learned counsel for the petitioners submits that Coal India Limited had taken a decision in its 59th Meeting held on 17.01.1995 which has been brought on record vide Annexure2. The extract of said resolution is necessary to be brought on record:
2 W.P.(S) No. 3472 of 2012"... ... ...
A point was raised by CCL that in case the contesting employees does not succeed, whether he should be taken in reemployment or not. It was decided that such of the employees who were not succeeded in the election may be reemployed, under the following conditions:
(i) The employee should approach in writing for re employment within one month from the date at declaration of the election results.
(ii) The employee concerned will be reemployed if he applies within one month of the declaration of the result and in case he does not succeed in the election, the period of his absence between the period of his resignation and reemployment will be treated as "diesnon".
(iii) In case an employee succeeds in the election and he completes the term of office his case should be taken up for re employment.
... ... ... ..."
It is further stated that one Kumar Mahesh Singh, Mining Sardar of M/s. BCCL also contested Assembly Election from Sadar, Hazaribagh in Assembly Election, 2005 and after the election he applied for reinstatement and the CCL, vide his letter dated 04.03.2005, reinstated him in service. By citing the example of Kumar Mahesh Singh, the petitioner also made representation dated 15.12.2009 but the same has been rejected vide memo dated 29/30.04.2010 without considering merits of the case. Learned counsel submits that respondents have arbitrarily passed the order without considering case of the petitioner and the order impugned is nonspeaking as nothing has been mentioned regarding case of Kumar Mahesh Singh cited by the petitioner. The action of the respondents is against their own policy decision was not decided in the meeting dated 12.01.1995. Learned counsel further submits that this is a case of gross discrimination as in similar case the respondents have allowed one Kumar Mahesh Singh to resume his duties after rescinding the resignation letter.
On the other hand counter affidavit has been filed by respondents - BCCL. Learned counsel for the respondents - BCCL submits that the decision dated 17.01.1995 do not apply in the case of the petitioner as it is an old decision and the petitioner on his own tendered his resignation and his resignation was also accepted and as such, no employeremployee relationship existed upon resignation of the petitioner. Learned counsel for the respondents, in paragraph8, fairly submits that case of Kumar Mahesh Singh is of Central Coalfields Ltd., which is another subsidiary of Coal India Limited and the respondents have no information 3 W.P.(S) No. 3472 of 2012 or knowledge about the same. BCCL is another subsidiary Company of Coal India Limited and it is not known under what circumstances such decision was taken. This writ petition has no merits and the same is fit to be dismissd.
Having gone through the rival submission of the parties, this Court is of the view that the impugned order dated 29/30.04.2010 is not tenable in the eyes of law. The contention of the learned counsel for the BCCL is not well founded and fit to be rejected. The rules and guidelines of the Coal India Limited are one and are implemented in all the subsidiaries of the Coal India Limited be that BCCL, CCL or ECIL. The minutes of the decision were forwarded to all the Director (Personnel) of the Coal India Limited including the BCCL, Dhanbad, which is apparent from Annexure2 and as such, it cannot be said that the said decision is of another subsidiary i.e. CCL and it is not binding on BCCL. In view of the admitted fact by the respondents authorities in paragraph8, the impugned order dated 29/30.04.2010 is hereby quashed and set aside. The respondents authorities are directed to reconsider case of the petitioner for acceptance of joining after cancellation of the resignation letter. Needless to say that the entire exercise of reconsideration has to be done within a period of 12 weeks from the date of receipt/ production of a copy of this order.
This writ petition is allowed with aforesaid observations and directions.
RC/ (Dr. S. N. Pathak, J.)