STANLEY WARD Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) THE factual matrix being same and the question of law involved being similar, both the writ petitions were heard together and are disposed of by this common order. For the sake of clarity and convenience the facts stated in W. P. No. 3383 of 1990 are adumbrated herein.

(2.) THE petitioners were working in the Pench Valley Coal Company Limited, Amalgamated Coalfields Limited and Rewa Coalfields Limited which were initially owned by the private owners and were functioning under the managing agency of M/s. Shaw Wallace and Company Limited. While the petitioners were working under the M/s. Shaw Wallace and Company Limited they were governed by the service rules and standing orders framed by them. As per the Service Rules they were entitled to get pension, gratuity, and other benefits as admissible by them from time to time. The Parliament with an object to provide for acquisition and transfer of the right, title and interest of the owners in respect of the Coal Mines specified in the Schedule and with a view to reorganise and reconstruction of such coal mines so as to ensure rational co-ordination and scientific development utilisation of the coal resources concerning with the growing requirement of the country so that the ownership and control of such resources are vested in the state and thereby, so distributed to sub-serve the common goal and matters connected therewith or incidentally thereto enacted the Coal Mines Nationalisation Act, 1973 (No. 26 of 1973) which came into force with effect from 1-5-1973. By the said enactment the coal mines including the mines of M/s. Shaw Wallace were nationalised and the management of all the Private Coal Mines vested in the Company called Coal India Limited. Thereafter, seven subsidiaries were formed such as Western Coalfields Limited, South Eastern Coalfields Limited, Eastern Coalfields Limited, Central Coalfields Limited, Northern Coalfields Limited, Bharat Coal Coking Limited arid Central Mines Plan and Design Institution (CMPDI ). It is to be noted here that later on certain other Coalfields were formed. By virtue of the aforesaid statute M/s. Shaw Wallace came under the Western Coalfields Limited. According to the writ petitioners they were entitled to get the pension and gratuity and other retiral benefits which were protected under Section 14 of the Act but the same has been denied to them in violation of the statute. It is also putforth that under Section 14 (1) occurring in Chapter V of the Act there is a provision relating to employees of coal mines and their interest were protected. It is averred that in spite of such a protection the petitioners are deprived of the benefits in question.

(3.) A return has been filed contending, inter alia, that the petitioners are not entitled to the retiral benefits inasmuch as Section 14 has undergone an amendment and in the amended provision the interest of the petitioners which was earlier protected has been taken away, and therefore, they are not entitled to the benefits as claimed by them.