JIA LAL KAPUR Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner joined service under the Government of India as Assistant Coal Superintendent Grade-II w.e.f. 25.4.1955. At the time of joining service, petitioner became a member of Contributory Provident Fund under the Government. Petitioner was under the administrative control of the Coal Production and Development Commissioner. Petitioner was paid wages as per CDA pay pattern. On 1.10.1956, National Coal Development Corporation was formed, which took over the development and administration of coal mines owned, run and managed by the Government of India. Services of all employees working under the Coal Production and Development Commissioner were transferred to the National Coal Development Corporation.

(2.) On 16.8.1965, Government of India issued a letter No.6C-14(43)/63 setting out the terms and conditions of transfer of the employees to National Coal Development Corporation. The National Coal Development Corporation vide its letter dated 26.11.1965 being letter No. 224/NCDC/58, inter alia noted as under:- 3. Regarding protection to the extension of future revision of pay scales and allowances, liberalisation of service conditions, amendment of rules etc. made by the Government to these ex.Coal Production and Development Commissioner's employee who will opt for service with NCDC Ltd., attention is invited to para 2 of the option letter which is quite clear on this point. It provides that the NCDC will take these employees in their employment with effect from 01.10.1956 on the same tenure, same remuneration, the same seniority, the same terms and conditions and same rights and privileges as to his pension, leave, gratuity, provident fund and other matters as would have been admissible to them had they continued in the Government service. This means that these benefits would automatically be admissible to them as and when these are provided to Government employees." 5(iii) As these employees will be governed by the Civil Service Rules, on their exercising option for Corporation service, they will be entitled to pension and gratuity according to the Central Government Pension Rules. Similarly, they will be allowed to commute pension as admissible under Central Government Pension Rules."

(3.) On 13.9.1966 Hindustan Zinc Limited (respondent No.2) wrote to the National Coal Development Corporation asking for names of suitable mining engineers for appointment of Chief Managing Engineer (CME) at it's Zawar mines. National Coal Development Corporation, vide letter dated 14.11.1966 sponsored the name of the petitioner. Petitioner's name was accepted by respondent No.2 vide letter dated 7.12.1966. On 3.1.1967 petitioner was released by National Coal Development Corporation to enable him to join as Chief Mining Engineer under respondent No.2.