Shyam Sundar Adile vs South Eastern Coalfields Limited
2021 Latest Caselaw 623 Chatt

                                       -1-


                                                                              NAFR
             HIGH COURT OF CHHATTISGARH AT BILASPUR

                              WPS No. 2926 of 2021

      Shyam Sundar Adile S/o Shri Tikam Lal Adile Aged About 26 Years R/o
      Village And Post Bhilaibazar, Tehsil Katghora District Korba Chhattisgarh
                                                                    ---- Petitioner
                                      Versus
   1. South Eastern Coalfields Limited Through Chairman Cum Managing
      Director, South Eastern Coalfields Limited, Seepat Road, Bilaspur
      Chhattisgarh
   2. General Manager (Personnel/mp) South Eastern Coalfields Limited, Head
      Quarter, Seepat Road, Bilaspur Chhattisgarh
   3. General Manager (Mining) Kusmunda Project, South Eastern Coalfields
      Limited, P. O. Kusmunda Colliery, District Korba Chhattisgarh
   4. Area Personnel Manager Kusmunda Project, South Eastern Coalfields
      Limited, Kusmunda Area, P. O. Kusmunda Colliery, District Korba
      Chhattisgarh
                                                                 ---- Respondents

For Petitioner : Mr. Chandresh Shrivastava, Advocate.

For SECL                          :      Mr. Sudhir Kumar Bajpai, Advocate

                    Hon'ble Shri Justice P. Sam Koshy
                             Order on Board

25/06/2021

1. Aggrieved by the inaction on the part of the respondents in not finalizing

the claim for dependent employment of the petitioner, the present writ

petition has been preferred.

2. Counsel for the petitioner submits that after the petitioner was declared

medically unfit by the respondents and in terms of the provisions of 9.4.0

of the National Coal Wage Agreement applicable in the respondent

establishment, the petitioner is entitled for dependent employment. It is

further contention of the petitioner that when the claim of the petitioner was

put forth it was subjected to scrutiny, however there were certain queries

and informations sought in respect of the discrepancies in the name of the

petitioner that arose. That thereafter respondents directed the petitioner to

get the declaration from the competent Civil Court and petitioner

subsequently has been able to obtain a decree in his favour vide judgment

dated 04.09.2019 whereby the competent Civil Court has declared that

two names i.e. Prashant Adile and Shyam Sundar Adile S/o Tikam lal Adile

are one and same person and subsequent to the judgment and the decree

from the Civil Court the petitioner approached the respondents, however

thereafter there has been no further progress in spite of repeated

representations.

3. Mr. Sudhir Kumar Bajpai, learned counsel for the respondent submits that

the matter be disposed of directing the respondents to consider and

decide the claim of the petitioner in accordance with the rules, regulations

and agreements i.e. NCWA which governs the field of dependent

employment.

4. In the light of the submissions made by the counsel for the parties, the writ

petition stands disposed of directing the respondents to take appropriate

decision in accordance with rules and regulations governing the field at the

earliest preferably within a period of 60 days.

5. With the aforesaid observations, the writ petition stands disposed of.

Sd/-

(P. Sam Koshy) Judge Rohit