D.P.SARAF Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner questioning the validity of agreement i.e. National Coal Wage Agreement-VIII entered into between the parties for a period of 5 years commencing from 1.7.2006 to 30.6.2011.

(2.) Mr.D.P.Saraf, petitioner-in-person appearing would question the constitution of Joint Bipartite Committee for Coal Industry (JBCCI) holding it to be arbitrary, unlawful and unconstitutional and it is liable to be set-aside.

(3.) Mr.Shailendra Shukla, learned counsel for respondents No.2 and 3 would, submit that firstly, the National Coal Wage Agreement-VIII entered into between the parties for a period of 5 years from 1.7.2006 to 30.6.2011 has already lapsed and secondly, to question that agreement, the writ petition was filed with a delay of 3 years on 17.6.2009 and as such, the writ petition is liable to be dismissed on the ground of delay and laches and the period of National Coal Wage Agreement-VIII has already been expired and the petitioner has already filed fresh petition questioning the constitution of National Coal Wage Agreement-IX, as such, the present writ petition deserves to be dismissed.