BARUSORU BEERAIAH Vs. SINGARENI COLLIERIES CO LTD

JUDGEMENT

(1.) The point that falls for consideration and decision in both the writ petitions is substantially similar. Hence, both the writ petitions were clubbed and heard together and they are being disposed of by this common order with the consent of the learned Counsel for the pafties.

(2.) The petitioners in these two writ petitions were initially appointed as Badlies to work in Stores on a 'piece-rate' in the year 1990. When they were serving as Badlies in the establishment of the respondent-Company they were appointed as "General Mazdoors" in "Category-I" by issuing Office Order dated 1-3-1996 with, retrospective effect that is with effect from 1-9-1995, but allowing monetary benefits only with effect from 1-1-1996. After so appointing the petitioners as "General Mazdoors" in "Category-I", they were posted to work at Area Stores, RKP. They were appointed as General Mazdoors vide office order dated 1-3-1996 .subject to the petitioners undergoing successful probation period. On completion of the probationary. period, the General Manager, RKP issued Office Orders confirming the service of the petitioners as "General Mazdoors; i Category-I Stores, RKP". When the petitioners had been serving as "General Mazdoors, Category-I" at the Area Stores, RKP, the impugned proceedings came to be issued by the General Manager, RKP redesignating the official status of the petitioners as "General Mazdoors (underground.)" in place of the earlier designation conferred upon the petitionersas "General Mazdoors, Category-I Stores". So redesignating the official status of the petitioners, the General Manager, RKP posted the petitioners to work at RK-IA Incline with immediate effect. Hence, these writ petitions assailing the validity of the impugned orders.

(3.) The contention of the learned Counsel for the petitioners is that the management of the company having appointed thei petitioners as "General Mazdoors, Category-I, Stores, RKP". and having confirmed their service in the said cadre ought not to have issued the impugned proceedings to redesignate the official status of the petitioners as General Mazdoors (underground) and posted them to work at RK-IA-Incline and the impugned action of the General Manager, RKP is therefore totally illegal and unauthorized. Secondly, it was contended by the learned Counsel for the petitioners that the impugned proceedings were issued by the General Manager, RKP without any reason and without giving opportunity to the petitioners to have their say in the matter and therefore the impugned actions are violative of principles of natural justice.