Allowed¶76

Kanhaiya Lal v. South Eastern Coalfileds Limited

Chhattisgarh HC26 Jun 2025WPS/53/2017

Case brief

AI extract

What is this about?

Conversion of South Eastern Coalfields Limited (SECL) workmen from Piece Rated to Time Rated employees; orders dated 29.06.2016 and 19.08.2017 quashed/set aside for violation of natural justice (no notice or opportunity of hearing); reduction of salary, superannuation benefits, leave wages; Industrial Disputes Act, 1947 invoked by petitioners' counsel; Khongapani Colliery, Jhagrakhand Sub Area, Hasdeo Area, District Koriya; writ petitions WPS No.53/2017, WPS No.5914/2016, WPS No.5124/2017 clubbed and decided by common order; High Court of Chhattisgarh at Bilaspur; Single Bench of Justice Sanjay K. Agrawal; decided 27.06.2025; NAFR.

What did the court decide?

Impugned orders dated 29.06.2016 & 19.08.2017 set aside; no liberty granted to the respondents as the petitioners have retired from service; no costs. ¶76

Kanhaiya Lal Vs South Eastern Coalfileds Limited — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned orders dated 29.06.2016 & 19.08.2017 set aside; no liberty granted to the respondents as the petitioners have retired from service; no costs.

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Issue for consideration

Whether the impugned orders converting the petitioners from Piece Rated employees to Time Rated employees, allegedly issued without notice and without following the procedure prescribed under the Industrial Disputes Act, 1947 and in violation of principles of natural justice, thereby reducing salary and adversely affecting superannuation benefits and leave wages of petitioners on the verge of retirement, were sustainable.

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Ratio / Principle

Since the impugned orders converting the petitioners' services from Piece Rated employees to Time Rated employees caused rejection of financial benefits to the petitioners, they ought to have been passed after affording due opportunity of hearing to the petitioners.

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Key takeaways

Impugned orders dated 29.06.2016 & 19.08.2017 are hereby set aside; since the petitioners have retired from service, no liberty is granted to the respondents.ratio¶75

Detailed headnote1 paragraphs

By common order dated 27.06.2025, the High Court of Chhattisgarh, Bilaspur (Single Bench, Sanjay K. Agrawal, J.) allowed three writ petitions (WPS Nos. 53 of 2017, 5914 of 2016 and 5124 of 2017) in which sixteen erstwhile workmen of South Eastern Coalfields Limited (Khongapani/Jhagrakhand, Hasdeo Area) challenged orders dated 29.06.2016 and 19.08.2017 converting their services from Piece Rated employees to Time Rated employees. The petitioners contended that the conversion was effected without notice and without following the procedure under the Industrial Disputes Act, 1947, reducing salary and affecting superannuation benefits and leave wages. The Court held that, as the impugned orders caused rejection of financial benefits, they ought to have been passed after affording due opportunity of hearing, and accordingly set aside both orders; since the petitioners have retired from service, no liberty was granted to the respondents. No costs.

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(WPS No.53 of 2017, WPS No.5914 of 2016 & WPS No.5124 of 2017)

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Digitally signed by ADITI ADITI DIWAN DIWAN KAIWART KAIWART Date: 2025.06.30 11:28:23 +0530

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2025:CGHC:28822

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 53 of 2017

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1 - Kanhaiya Lal S/o Shri Sarvan, Aged About 59 Years R/o Khogapani, Colliery, Police Station Manendragarh District Korea Chhattisgarh

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2 - Raghunath S/o Panchu, Aged About 53 Years R/o Khongapani, Colliery, Police Station Manendragarh, District : Koriya (Baikunthpur), Chhattisgarh

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3 - Rajbir S/o Deepchand, Aged About 58 Years R/o Khongapani, Colliery, Police Station Manendragarh, District : Koriya (Baikunthpur), Chhattisgarh

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4 - Parashram S/o Kishore, Aged About 56 Years R/o Khongapani, Colliery, Police Station Manendragarh, District : Koriya (Baikunthpur), Chhattisgarh

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--- Petitioner(s)

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versus

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1 - South Eastern Coalfileds Limited Through Chairman-CumManaging Director, South Eastern Coalfields Limited, Seepat Road, Bilaspur Chhattisgarh

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2 - Director Personnel South Eastern Coalfields Limited, Seepat Road, Bilaspur Chhattisgarh

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3 - Chief General Manager, South Eastern Coalfields Limited, Hasdeo Area, P. O. South Jhagrakhand, District Koriya Chhattisgarh

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4 - Deputy General Manager Personnel, South Eastern Coalfields Limited, Jhagrakhand Sub Area, Hasdeo Area, P. O.

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(WPS No.53 of 2017, WPS No.5914 of 2016 & WPS No.5124 of 2017)

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West Jhagrakhand, District : Koriya (Baikunthpur), Chhattisgarh

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5 - Senior Officer P/ A, South Eastern Coalfields Limited Jhagrakhand Sub Area, Hasdeo Area, P. O. West Jhagrakhand, District : Koriya (Baikunthpur), Chhattisgarh

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--- Respondent(s)

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(Cause-title taken from the Case Information System)

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For Petitioner	:-Mr. Chandresh Shrivastava, Advocate
For Respondents	:-Mr. Sudhir Kumar Bajpai , Advocate

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WPS No. 5914 of 2016

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1 - Balak Sai S/o Thondlo Aged About 57 Years R/o Khongapani, Tahsil-Manendragarh, Police Station-Jhagrakhand, District-Koriya, Chhattisgarh

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2 - Nasruddin, S/o Rahmat Aged About 57 Years R/o Khongapani, Tahsil-Manendragarh, Police Station-Jhagrakhand, District : Koriya (Baikunthpur), Chhattisgarh

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3 - Suresh S/o Samaru Aged About 54 Years R/o Khongapani, Tahsil-Manendragarh, Police Station-Jhagrakhand, District : Koriya (Baikunthpur), Chhattisgarh

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4 - Lekhan S/o Chhotelal R/o Khongapani, TahsilManendragarh, Police Station-Jhagrakhand, District-Koriya, Chhattisgarh.

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5 - Babulal S/o Deodutt Aged About 58 Years R/o Khongapani, Tahsil-Manendragarh, Police Station-Jhagrakhand, District : Koriya (Baikunthpur), Chhattisgarh

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--- Petitioner(s)

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Versus

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1 - South Eastern Coalfields Limited S/o Through ChairmanCum-Managing Director, South, Eastern Coalfields Limited, Seepat Road, Bilaspur, Chhattisgarh

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2 - Director Personnel South Eastern Coalfields Limited, Seepat Road, Bilaspur, Chhattisgarh

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(WPS No.53 of 2017, WPS No.5914 of 2016 & WPS No.5124 of 2017)

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3 - Chief General Manager, South Eastern Coalfields Limited, Hasdeo Area, P.O. South Jhagrakhand, District : Koriya (Baikunthpur), Chhattisgarh

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4 - Deputy General Manager Personnel, South Eastern Coalfields Limited, Jhagrakhand Sub Area, Hasdeo Area P.O. West Jhagrakhand, District : Koriya (Baikunthpur), Chhattisgarh

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5 - Senior Officer P/ A, South Eastern Coalfieds Limited Jhagrakhand Sub Area, Hasdeo Area. P.O. West Jhagrakhand, District : Koriya (Baikunthpur), Chhattisgarh

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--- Respondent(s)

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(Cause-title taken from the Case Information System)

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For Petitioner	:-Mr. Chandresh Shrivastava, Advocate
For Respondents	:-Mr. Kashif Shakeel , Advocate

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WPS No. 5124 of 2017

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1 - Narayan S/o Shri Bishnu, Aged About 59 Years R/o Village Khongapani, P. O. Khongapani, Tahsil Manendragarh, District Koriya Chhattisgarh

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2 - Padum Lal, S/o Shri Kalpu, Aged About 55 Years R/o Village Khongapani, P. O. Khongapani, Tahsil Manendragarh, District : Koriya (Baikunthpur), Chhattisgarh

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3 - Sant Ram, S/o Roop Ram, Aged About 53 Years R/o Village Khongapani, P. O. Khongapani, Tahsil Manendragarh, District : Koriya (Baikunthpur), Chhattisgarh

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4 - Hazari Lal, S/o Shri Brijbhan, Aged About 57 Years R/o Village Khongapani, P. O. Khongapani, Tahsil Manendragarh, District : Koriya (Baikunthpur), Chhattisgarh

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5 - Kamla Prasad, S/o Akloo, Aged About 54 Years R/o Village Khongapani, P. O. Khongapani, Tahsil Manendragarh, District : Koriya (Baikunthpur), Chhattisgarh

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(WPS No.53 of 2017, WPS No.5914 of 2016 & WPS No.5124 of 2017)

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6 - Ramkewal, S/o Shri Hira, Aged About 59 Years R/o Village Khongapani, P. O. Khongapani, Tahsil Manendragarh, District : Koriya (Baikunthpur), Chhattisgarh

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7 - Munna Singh, S/o Shri Chhatpati, Aged About 53 Years R/o Village Khongapani, P. O. Khongapani, Tahsil Manendragarh, District : Koriya (Baikunthpur), Chhattisgarh

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--- Petitioner(s)

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Versus

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1 - South Eastern Coalfields Limited S/o Through Chairman Cum Managing Director, South Eastern Coalfields Limited, Seepat Road, Bilaspur, Chhattisgarh

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2 - Director Personnel, South Eastern Coalfields Limited Seepat Road Bilaspur Chhattisgarh

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3 - Chief General Manager, South Eastern Coalfields Limited, Hasdeo Area, South P. O. Jhagrakhand Colliery, District : Koriya (Baikunthpur), Chhattisgarh

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4 - Deputy General Manager Personnel , South Eastern Coalfields Limited, Jhagrakhand Sub Area, P. O. West Jhagrakhand, District : Koriya (Baikunthpur), Chhattisgarh

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5 - Assistant Manager Personnal , South Eastern Coalfields Limited, Jhagrakhand Sub Area, P. O. West Jhagrakhand, District : Koriya (Baikunthpur), Chhattisgarh

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--- Respondent(s)

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(Cause-title taken from the Case Information System)

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For Petitioner	:-Mr. Chandresh Shrivastava, Advocate
For Respondents	:-Mr. Shailendra Shukla , Advocate

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SB - Hon'ble Shri Justice Sanjay K. Agrawal Order On Board

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27.06.2025

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1. Since common question of fact and law are involved, on the joint request of learned counsel for the parties, these

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(WPS No.53 of 2017, WPS No.5914 of 2016 & WPS No.5124 of 2017)

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three writ petitions are clubbed together, heard together and are decided by this common order.

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2. The writ petitions bearing Nos.53/2017 & 5914/2016 are directed against order dated 29.06.2016 and the writ petition bearing No.5124/2017 is directed against order dated 19.08.2017, whereby the petitioners’ services were converted from Piece Rated employees to Time Rated employees.

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3. Learned counsel for the petitioners submits that vide the impugned orders, the petitioners services were converted from Piece Rated employees to Time Rated employees without issuing any notice and without following due procedure of law as prescribed under Industrial Dispute, 1947, which is unsustainable and in violation of principles of natural justice. He would further submit that because of the said conversion the salary of the petitioners were reduced considerably and it also affected superannuation benefits and leave wages etc. of the petitioners, who were on the verge of retirement (now retired from service), as such, the impugned orders ought to have been passed after affording due opportunity of hearing to the

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(WPS No.53 of 2017, WPS No.5914 of 2016 & WPS No.5124 of 2017)

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petitioners, which was not done and, therefore, the impugned orders deserve to be quashed.

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4. On the other hand, learned counsel for the respondents would submit that the pay protection was granted to the petitioners vide the impugned orders and, therefore, the petitioners are not entitled for the reliefs sought and these writ petitions are liable to be dismissed.

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5. Be that as it may, since the impugned orders, by which the petitioners’ services were converted from Piece Rated employees to Time Rated employees, caused rejection of financial benefits of the petitioners, it ought to have been passed after affording due opportunity of hearing to the petitioners. Accordingly, impugned orders dated 29.06.2016 & 19.08.2017 are hereby set aside. Since the petitioners have retired from service, therefore, no liberty is granted to the respondents.

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6. With the aforesaid observations, these writ petitions are allowed to the extent indicated herein above. No cost(s).

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Sd/- (Sanjay K. Agrawal) Judge

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@d!t!

Parties & counsel

AI extract

petitioner
Kanhaiya Lal S/o Shri Sarvan¶8
Mr. Chandresh Shrivastava
petitioner
Raghunath S/o Panchu¶9
Mr. Chandresh Shrivastava
petitioner
Rajbir S/o Deepchand¶10
Mr. Chandresh Shrivastava
petitioner
Parashram S/o Kishore¶11
Mr. Chandresh Shrivastava
petitioner
Balak Sai S/o Thondlo¶26
Mr. Chandresh Shrivastava
petitioner
Nasruddin, S/o Rahmat¶27
Mr. Chandresh Shrivastava
petitioner
Suresh S/o Samaru¶28
Mr. Chandresh Shrivastava
petitioner
Lekhan S/o Chhotelal¶29
Mr. Chandresh Shrivastava
petitioner
Babulal S/o Deodutt¶30
Mr. Chandresh Shrivastava
petitioner
Narayan S/o Shri Bishnu¶44
Mr. Chandresh Shrivastava
petitioner
Padum Lal, S/o Shri Kalpu¶45
Mr. Chandresh Shrivastava
petitioner
Sant Ram, S/o Roop Ram¶46
Mr. Chandresh Shrivastava
petitioner
Hazari Lal, S/o Shri Brijbhan¶47
Mr. Chandresh Shrivastava
petitioner
Kamla Prasad, S/o Akloo¶48
Mr. Chandresh Shrivastava
petitioner
Ramkewal, S/o Shri Hira¶51
Mr. Chandresh Shrivastava
petitioner
Munna Singh, S/o Shri Chhatpati¶52
Mr. Chandresh Shrivastava
respondent
South Eastern Coalfields Limited, through Chairman-cum-Managing Director¶14
Mr. Sudhir Kumar Bajpai, Mr. Kashif Shakeel
respondent
Director Personnel, South Eastern Coalfields Limited¶15
Mr. Sudhir Kumar Bajpai, Mr. Kashif Shakeel
respondent
Chief General Manager, South Eastern Coalfields Limited, Hasdeo Area¶16
Mr. Sudhir Kumar Bajpai, Mr. Kashif Shakeel
respondent
Deputy General Manager Personnel, South Eastern Coalfields Limited¶38
Mr. Sudhir Kumar Bajpai, Mr. Kashif Shakeel
respondent
Senior Officer P/A, South Eastern Coalfields Limited¶21
Mr. Sudhir Kumar Bajpai, Mr. Kashif Shakeel
respondent
South Eastern Coalfields Limited, through Chairman Cum Managing Director (WPS No.5124 of 2017)¶55
Mr. Shailendra Shukla
respondent
Director Personnel, South Eastern Coalfields Limited (WPS No.5124 of 2017)¶56
Mr. Shailendra Shukla
respondent
Chief General Manager, South Eastern Coalfields Limited, Hasdeo Area (WPS No.5124 of 2017)¶57
Mr. Shailendra Shukla
respondent
Deputy General Manager Personnel, South Eastern Coalfields Limited (WPS No.5124 of 2017)¶58
Mr. Shailendra Shukla
respondent
Assistant Manager Personnal, South Eastern Coalfields Limited (WPS No.5124 of 2017)¶59
Mr. Shailendra Shukla

Coram

AI extract

Sanjay K. Agrawalauthor¶63

Kanhaiya Lal v. South Eastern Coalfileds Limited

Case brief

What is this about?

What did the court decide?

Kanhaiya Lal v. South Eastern Coalfileds Limited

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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