YOG MANI AGNIHOTRI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition has been brought by the petitioners praying for relief against the respondents by exercising jurisdiction under Article 226 of the Constitution of India.

(2.) The facts of the case are that the petitioners are working as teachers/ staff in various schools run by a society called Singhi Collieries Education Society, Jhagrakhand Colliery, Hasdeo Area, Korea since about 23 years before the filing of this petition in the year 2017. The Singhi Colliery Education Society was registered in the year 1963 and started receiving grant-in-aid from the government. In the year 1973, all the coal mines were nationalized and the assets of Jhagrakhand Colliery Private Limited were also taken over by Coal Mines Authority Limited, which is at present Coal India Limited. These schools were originally established by Jhagrakhand Private Limited. The Managing Director of the Company and various collieries had been as official members of the Education Society also opened new schools subsequently. Subsequent to nationalization of the collieries in the year 1973 by Coal Mines Authority Limited which is now Coal India Limited, the circumstances changed and the South Eastern Coalfields Limited started sponsoring the central schools.

(3.) The petitioners came to know that they were not equally paid compared to the teachers and staff in Central School. The society filed W.P. (S) No. 3536 of 1993 praying for release of salary withheld for several months in the intervening period. The Court admitted the petition and passed an interim order on 13.9.1993, directing the SECL and the Education Society to release the salary of the petitioners. The SLP filed by the respondents in that case before the Supreme Court was dismissed. Subsequently, W.P.(S) No. 3536 of 1993 was withdrawn after a settlement of the petitioners with the respondents. The memorandum of settlement was drawn on 6.12.1994. It is alleged that the SECL was not complying with the terms of settlement. The petitioners then approached the Regional Labour Commissioner, Jabalpur and then an order dated 4.6.1996 was passed against the respondent No.2/ SECL directing to deposit the amount in terms of the settlement.