Bombay High Court
Western Coalfield Ltd. Thr. Its ... vs Vishveshwar S/O Yashwantarao ... on 6 December, 2021
Bench: Avinash G. Gharote
1 57.WP.4137-2021 & ORS JUDGMENT.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 4137 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4140 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
2 57.WP.4137-2021 & ORS JUDGMENT.odt
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4179 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
3 57.WP.4137-2021 & ORS JUDGMENT.odt
WRIT PETITION NO. 4141 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4139 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
4 57.WP.4137-2021 & ORS JUDGMENT.odt
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4182 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4183 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
5 57.WP.4137-2021 & ORS JUDGMENT.odt
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4174 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
6 57.WP.4137-2021 & ORS JUDGMENT.odt
WITH
WRIT PETITION NO. 4144 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4143 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
7 57.WP.4137-2021 & ORS JUDGMENT.odt
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4177 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4138 OF 2021
Western Coalfield Limited
8 57.WP.4137-2021 & ORS JUDGMENT.odt
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4168 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
9 57.WP.4137-2021 & ORS JUDGMENT.odt
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4157 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4173 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
10 57.WP.4137-2021 & ORS JUDGMENT.odt
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4178 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
11 57.WP.4137-2021 & ORS JUDGMENT.odt
WRIT PETITION NO. 4164 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4158 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
12 57.WP.4137-2021 & ORS JUDGMENT.odt
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4155 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4154 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
13 57.WP.4137-2021 & ORS JUDGMENT.odt
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4152 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
14 57.WP.4137-2021 & ORS JUDGMENT.odt
WRIT PETITION NO. 4145 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4148 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
15 57.WP.4137-2021 & ORS JUDGMENT.odt
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4147 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4172 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
16 57.WP.4137-2021 & ORS JUDGMENT.odt
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4169 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
17 57.WP.4137-2021 & ORS JUDGMENT.odt
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4180 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4153 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
18 57.WP.4137-2021 & ORS JUDGMENT.odt
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4171 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
19 57.WP.4137-2021 & ORS JUDGMENT.odt
WRIT PETITION NO. 4167 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4150 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
20 57.WP.4137-2021 & ORS JUDGMENT.odt
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4149 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4156 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
21 57.WP.4137-2021 & ORS JUDGMENT.odt
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4142 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
22 57.WP.4137-2021 & ORS JUDGMENT.odt
WITH
WRIT PETITION NO. 4176 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4151 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
23 57.WP.4137-2021 & ORS JUDGMENT.odt
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4175 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4166 OF 2021
Western Coalfield Limited
24 57.WP.4137-2021 & ORS JUDGMENT.odt
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4146 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
25 57.WP.4137-2021 & ORS JUDGMENT.odt
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4165 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4170 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
26 57.WP.4137-2021 & ORS JUDGMENT.odt
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
WITH
WRIT PETITION NO. 4181 OF 2021
Western Coalfield Limited
Through its Chief General Manager,
Wani North Area,
At Post : Bhallar, Tah. Wani
District Yavatmal. PETITIONER
...Versus...
1. Vishveshwar S/o Yashwantarao Zade
Aged About 53 years, Occ. Business,
R/o. Near Kathed Oil Mill, Jatra Road
Wani, Tahsil Wani, District Yavatmal.
2. The Special Tribunal,
Constituted under Coal Baring Area
(A & D) Act 1957 at room No.108,
Kalpana Nagar, Indora Complex,
Nagpur. RESPONDENTS
27 57.WP.4137-2021 & ORS JUDGMENT.odt
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Mr. Ramesh Darda, Advocate for the Petitioner in all matters.
Mr. Omkar Deshpande, Advocate for the Respondent No.1 in all
matters.
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CORAM : AVINASH G. GHAROTE, J.
DATED : 6th DECEMBER, 2021.
ORAL JUDGMENT :-
Heard.
2. Rule. Rule made returnable forthwith. Heard finally
with the consent of the learned counsel for the rival parties.
3. While issuing notice, this Court had observed as
under:
". Heard Mr. Darda, the learned Counsel for
Petitioner.
2. The grievance of the Petitioner is that
amendment application filed by the Respondents was
rejected by detailed order passed by the Special
Tribunal, Nagpur, holding that the trial has
commenced on 8/3/2021. Second application seeking
almost same amendment was filed on 2/8/2021. The
Petitioner opposed the said application by filing say
on 17/8/2021. However, the Tribunal by a cryptic
order has allowed the said Application. The
application filed by the Petitioner seeking recalling of
order dated 17/8/2021 was also rejected on the
ground that amendment does not change the nature
28 57.WP.4137-2021 & ORS JUDGMENT.odt
of Lis.
3. The learned Counsel for Petitioner assailed the
impugned orders by placing reliance in Vidyabai and
Others V/s Padmalatha and another, 2009(4)
Mh.L.J.30 and in the decision of Calcutta High Court
in M/s Toplight Commercials Limited V/s Abdul
Kalam and Others in C. O. No.1410 of 2019 delivered
on 7/8/2019 and in the interim order passed in Writ
Petition No.3848/2021, wherein similar issue is
raised. In my view, the Petitioner has made out a
prima facie case for grant of ad-interim relief.
4. Issue notice to the Respondents, returnable on
22 November, 2021.
nd
5. In addition to the usual mode of service,
Petitioner is permitted to serve the Respondents by
private service, as permissible in law.
6. In the meanwhile, there shall be ad interim
relief in terms of prayer clause - (b).
7. Place all the matters on board on 22 nd
November, 2021."
4. The position which has been stated in the order
dated 21.10.2021, as quoted above, is not disputed by
Mr. Deshpande, learned counsel for the respondent No.1. He
however submits, that the cause for amendment was different.
In my considered opinion, this argument is not available to Mr.
Deshpande, learned counsel for the respondent No.1, for the
reasons, that the proposed amendment in the first application,
which has been rejected by the order dated 08.03.2021, is word
to word identical in the second application dated 02.08.2021,
29 57.WP.4137-2021 & ORS JUDGMENT.odt
which has been allowed by the impugned order dated
17.08.2021, which is as cryptic as possible. The application for
recalling of the order, which raises the ground, that the
petitioner was not heard, does not find any change in the
situation, inspite of Mr. Darda, learned counsel for the petitioner
being heard. Both the orders dated 17.08.2021 as well as
03.09.2021, do not in any manner consider the earlier order of
rejection dated 08.03.2021, which is a speaking order,
considering which, the order dated 17.08.2021, allowing the
application for amendment so also the order dated 03.09.2021,
confirming the order dated 17.08.2021, are hereby quashed and
set-aside, and the application for amendment as filed by the
claimants, dated 02.08.2021 is hereby rejected.
5. The petitions are allowed in the above terms with
no order as to costs.
6. Rule is made absolute.
( AVINASH G. GHAROTE, J.)
Signed By:SHRIKANT
DAMODHAR BHIMTE
S.D.Bhimte
Signing Date:08.12.2021 14:37
