Disposed

Nishant Coal Carriers Pvt. Ltd. v. Union of India

Chhattisgarh HC4 Dec 2023WPC/5016/2023

Case brief

AI extract

What is this about?

This order disposes of a writ petition directing the General Manager and Director General Resettlement of South Eastern Coalfields Limited to consider and decide the petitioner's representations regarding revised normative rates within 60 days, without expressing an opinion on the merits of the case.

What did the court decide?

Direction to respondents No.4 & 5 to consider and decide petitioner's representations filed on 14.07.2023 and 21.08.2023 within 60 days.

Nishant Coal Carriers Pvt. Ltd. Vs… — Pension and Retirement Benefits | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No. 5016 of 2023

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Nishant Coal Carriers Pvt. Ltd.Through - Director Captain Jasbir Singh S/o. Shri Lilu Ram, Aged About 51 Years, Having Its Officer At Ob Dump No.4, Near East Mtk Gevra Project, District - Korba, Chhattisgarh.

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---- Petitioner

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Versus

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1. Union Of India Through - The Secretary, Ministry Of Coal, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi.

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2. Ministry Of Defence, Through Its Secretary Rajpat E-Block, Central Secretariat New Delhi.

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3. Coal India Limited, A Government Of India Undertaking Through Its Chairman, Shastri Bhawan, New Delhi.

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4. South Eastern Coalfields Limited, A Subsidiary Of Coal India Limited, Vasant Vihar, Seepat Road, Bilaspur, Chhattisgarh.

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5. General Manager South Eastern Coalfields Limited, Vasant Vihar, Seepat Road, Bilaspur, Chhattisgarh.

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6. Director General Resettlement (Dgr), 4 Unnamed Road West Block, Ramakrishna Puram New Delhi.

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---- Respondents

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---------------------------------------- For Petitioner	------------------------------------------------------ : Mr. P.R. Patankar, Advocate.
For Respondent No.1, 2 &6	: Mr. Ramakant Mishra, Deputy Solicitor General.
For Respondent No. 3 to 5	: Mr. Vaibhav Shukla, Advocate.
---------------------------------------- Hon'ble Shri Justice	------------------------------------------------------ Naresh Kumar Chandravanshi

Order On Board

04.12.2023

1. Heard.

2. Issue notice to respondents.

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3. Since Mr. Ramakant Mishra, learned Deputy Solicitor General appearing for the Union of India has made his appearance on behalf of the respondents No.1, 2 & 6 and Mr. Vaibhav Shukla, learned counsel appearing for respondents No.3 to 5, therefore, issuance of notice to them is dispensed with.

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4. Learned counsel for the petitioner would submit that in Contempt Case No.296 of 2021 [Nishant Coal Carriers Private Limited Versus Shri Prakash Chandra, General Manager (CMC) SECL] , respondents No.3 to 5 had informed the Court that company has already taken a decision that they shall comply with the order of Delhi High Court in Writ Petition No.1792 of 2013 and that of this High Court (High Court of Chhattisgarh) in WPC No.4712 of 2019 with regard to the payment of revised normative rates for the period of 2008 to 2012, and on their aforesaid submission and affidavit filed by them, aforesaid contempt petition had disposed of. Thereafter petitioner has made representations dated 14.07.2023 (Annexure-P/10) and 21.08.2023 (Annexure-P/11) before the respondents No.4 & 5, but, despite passing of 2 to 3 months, representations of the petitioner have not been decided yet. Therefore, he prayed that this petition may be disposed of with a direction to respondents No.3 & 4 to consider and decide the representations dated 14.07.2023 (Annexure-P/10) and dated 21.08.2023 (Annexure-P/11) filed by the petitioner.

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5. Learned counsel appearing for the respondents submit that appropriate order may be passed. Learned counsel for the respondents No.3 to 5 also submits that, if the petitioner has filed the aforesaid representations, then respondents No.4 & 5

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shall consider and decide the same in accordance with law/applicable rules.

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6. Considering the limited prayer made by the petitioner and the submissions made by respondents’ counsel, this petition is disposed of at this stage, directing respondents No.4 & 5 to consider and decide the representations filed by the petitioner on 14.07.2023 (Annexure-P/10) and 21.08.2023 (Annexure-P/11) in light of the order passed by this Court on 07.07.2023 in Contempt Case No.296 of 2021, within a period of 60 days from the date of submission/receipt of copy of this order, in accordance with law/applicable rules.

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7. Needless to mention that this Court has not expressed any opinion on merits of the case.

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8. With the aforesaid directions, this petition is disposed of.

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Sd/-

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(Naresh Kumar Chandravanshi) JUDGE

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Avinash / Deepti

Nishant Coal Carriers Pvt. Ltd. v. Union of India

Case brief

What is this about?

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Nishant Coal Carriers Pvt. Ltd. v. Union of India

Case brief

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