Holding that employees excluded from pay protection in 2009 must now be granted wage protection under CIL guidelines, court directed SECL to regularize pay with effect from appointment date.
Respondent directed to grant pay protection to petitioners with effect from date of appointment on 16-7-2007 or joining date, within 90 days.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (S) No.6632 of 2011
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---- Petitioners
Versus
South Eastern Coalfields Limited, Through:
For Petitioners: Mr. Anurag Dayal Shrivastava, Advocate. For Respondents / SECL: -
Mr. H.B. Agrawal, Senior Advocate with Mr. Shailendra Shukla and Ms. Rashika Soni, Advocates.
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Hon'ble Shri Justice Sanjay K. Agrawal
Order On Board
10/12/2021
Item No.83.04
Sub: Pay Protection to workmen selected on higher posts in various posts – Filing of Affidavit in pursuance of Order
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Dtd. 31.08.2021 passed by the Hon’ble High Court of CG in WP (S) No.6632/2011 filed against SECL by Shri Tanmay Das Gupta and 23 others.
Ref: GM (P&A)/(IR)-HOD’s e-Office Noting (e-563144 Dtd. 10.09.2021.
The Committee of Functional Directors (CoFD) discussed on the subject proposal and GM(IR)-HOD & GM(Legal)HOD apprised the CoFD in detail on the order of the Hon’ble High Court of Chhattisgarh, Bilaspur, Dtd. 31.08.2021, the background of the issues involved, the earlier judgements of the Hon’ble CGIT & Hon’ble High Court in such cases, the extant SECL & CIL guidelines in the subject matter.
The CoFD noted the apprisal and the directives of Hon’ble High Court of Chhattisgarh, in its Order Dtd. 31.08.2021 and the extension of time granted and the CoFD after detailed deliberations, advised the IR & Legal Departments, SECL HQr to strictly implement the existing CIL’s Order No.CIL/C-5B/Admn. Order/272 Dtd. 14.04.2016 regarding PAY PROTECTION, which provides that:
Quote :
Pay Protection:
“It was agreed that any workmen selected on higher post would be granted wage protection”
The above resolution is circulated for uniform implementation in all the Subsidiaries of Coal India Limited.
Unquote:
The CoFD further directed the IR & Legal Departments, HQr to comply with the directives of the Hon’ble High Court of Chhattisgarh immediately without any further delay, through an empaneled Sr. Counsel.”
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would include the petitioners herein also, therefore, no cause of action survives for consideration.
Sd/(Sanjay K. Agrawal) Judge
Soma
3 issues framed by the court
Whether petitioners appointed on 16-7-2007 are entitled to pay protection despite earlier exclusion.
Whether SECL has complied with High Court directives regarding pay protection for workmen selected on higher posts.
Whether a direction to SECL to grant retrospective pay protection with effect from date of appointment is maintainable.
Colour shows how this judgement treated each authority
Kallakkurichi Taluk Retired Officials Association, Tamil Nadu and others v. State of Tamil NaduDistinguished¶42
Kallakkurichi Taluk Retired Officials Association, Tamil Nadu and others v. State of Tamil Nadu 1. (2013) 2 SCC 772 · Who else cites this
1 provisions across 1 enactments
Tanmay Das Gupta and 23 others
South Eastern Coalfields Limited
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
