Koyala Mazdoor Congress vs Union Of India & Others
2023 Latest Caselaw 7338 Cal

19.10.2023
rpan/16
                                      MAT 2072 of 2023
                                              +
                                  IA No.: CAN No. 1 of 2023
                              Koyala Mazdoor Congress
                                     - Versus -
                              Union of India & Others

                          Mr. Gobinda Kar
                                          ... for the Appellant.
                          Mr. Shamit Sanyal,
                          Ms. Monika Roy
                                ... for the Coal India Ltd./Respondents.

The present appeal has been preferred challenging

the order dated 4th October, 2023 passed by the learned

single Judge in a writ petition, being WPA 22598 of 2023.

Mr. Kar, learned advocate appearing for the

appellant/writ petitioner submits that by the order

impugned the learned single Judge refused to grant the

interim order, as prayed for by the writ

petitioner/appellant. According to Mr. Kar, the

respondents issued a notification dated 1 st August, 2023

inviting applications from departmental employees upon

incorporating experience criteria which were not there in

the previous selection process. Such incorporation of

experience criteria is also contrary to Clause 3.1 of the

Common Coal Cadre. Mr. Kar submits that in terms of the

notification the authorities are going to hold Computer

Based Test on 24th November, 2023 and accordingly prays

for an interim protection. In support of the argument Mr.

Kar has placed reliance upon an unreported judgment

delivered in the case of Ravindra Shyamrao Wadhai & Ors.

Vs. Coal India Ltd. & Ors. [APO 368 of 2017 :: WP 1064 of

2015].

Mr. Sanyal, learned advocate appearing for the

Respondents/Coal India Ltd., however, contends that by

the notification applications were invited from the eligible

employees for promotion to executive cadre in sixteen

disciplines. In the writ petition filed by the Koyala

Mazdoor Congress (in short, the union) it has not been

disclosed how many members of the union would be

affected by such selection process.

In reply, Mr. Kar has not been able to answer our

query as to how many members of the union would be

affected by the said notification.

Heard the learned advocates appearing for the

respective parties and considered the materials on record.

The writ petitioner is a union. It has not been

disclosed in the writ petition as to how many members of

the said union would be affected by the experience

criterion towards the respective disciplines as incorporated

in the notification dated 1st August, 2023. The judgment

in the case of Ravindra Shyamrao Wadhai & Ors. Vs. Coal

India Ltd. & Ors. (supra) is also distinguishable on facts.

In the said conspectus, we do not find any infirmity in the

order impugned in the present appeal by which leave was

granted to the appellant/writ petitioner to file a

supplementary affidavit disclosing the names of the

members of the union and the learned single Judge was

also pleased to fix the matter for further consideration as

'Motion' on November 28, 2023.

Accordingly, the appeal and the connected

application are dismissed.

There shall, however, be no order as to costs.

Urgent photostat certified copy of this order, if

applied for, be supplied to the parties, upon compliance of

all requisite formalities.

(Siddhartha Roy Chowdhury, J.) (Tapabrata Chakraborty, J.)