IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(L ) No. 6645 of 2010
Coal Field Labour Union Sudamdih Area ........Petitioner
Versus
Union of India & others .... Respondents.
CORAM: - HON'BLE MRS. JUSTICE POONAM SRIVASTAV
For the Petitioner : Mr. Ashok Kumar Sinha, Advocate
For Respondent nos. 1 & 2 :Mr. Y.N. Mishra, C.G.C.
03/ 24.08.2011
: The instant writ petition is preferred challenging the order dated
29.9.2008, whereby the request of the petitioner to make reference for non-
payment of sick leave wages to 25 retired employees by Management of
E.J. Area of M/s B.C.C.L. Was refused on the ground that there is no
provision for payment of sick leave wages as demanded by the Union to the
non-Executives under the provisions of NCWA. The refusal to make
reference for adjudication is challenged at the very out set on the basis of a
decision of the Apex Court in the case of Sarva Shramik Sangh V. Indian
Oil Corporation Ltd. & Ors., 2009 LAB.I.C.2297.
The emphatic argument advanced on behalf of the petitioner is
that a writ of mandamus is liable to be issued to the appropriate
Government to reconsider the refusal to make a reference. The impugned
refusal is on irrelevant, irrational or extraneous grounds and also the refusal
is a result by the appropriate government in examining the merits of the
dispute, whereby determining the dispute itself or the refusal is malafide or
dishonest. It is also submitted that in the event the refusal ignoring the
materials available, then the failure to report to the Conciliation Officer is
liable to be interfered. The High Court should issue a mandamus for
referring the question.
The Secretary, Coalfield Labour Union, Neicha Miner’s Colony,
Dhanbad approached to refer the question regarding non-payment of sick
leave wages by the Management to the retired employees. The Assistant
Labour Commissioner (C), Dhanbad issued a notice dated 10 th April 2007 to
the respondent no. 3 as well as the petitioner to appear before him for
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discussion and conciliation regarding the dispute raised by the petitioner.
Respondent no. 3 submitted their comments vide letter dated 10th May,
2007, which is Annexure-4 to the writ petition. The stand taken on behalf of
the respondents is that there is no provision for payment of sick leave
wages as per provision of NCWA under which the wage structure and
conditions of service including fringe benefits are provided to the concerned
persons. Payment of due wages of earned leave to retired employees are
made as per provision under para- 6.4.0 of NCWA-VII and there is no such
provision for payment of wages for due sick leave, since workmen are
governed under provisions of NCWA.
The question raised at the behest of the Union is irrelevant and
there is no scope for any compromise or the benefits given to the
Executives and, therefore, the dispute cannot be raised.
I am of the considered view that the objection raised at the
behest of the petitioner do not fall under any of the category as held by the
Apex Court in the case of Sarva Shramik Sangh (Supra) and,
therefore,the issue of mandamus in the instant case is without any basis
and the relief claimed in the instant writ petition is frivolous one and cannot
be granted.I do not agree with the submission that the appropriate
Government has examined the question itself and decided on merits
without making a reference.
There is no merit in the instant writ petition. It is, accordingly,
dismissed.
(POONAM SRIVASTAV, J)
Sharma