MAHMOOD HASAN Vs. SOUTH EASTERN COALFIELDS LTD

JUDGEMENT

(1.) Whether, the petitioners working with the Western Coalfields Limited Education Society would be entitled for dearness allowance, variable dearness allowance, special dearness allowance and the bonus at par with State Government teachers, and/or the benefits and other allowance which is being given by virtue of NCWA (National Coal Wage Agreement) to the Coal field employees and whether the petitioners are entitled for salary from 2004 with bonus allowances etc. as other teachers; are the issues which crop up for determination in this writ petition filed under Article 226/227 of the Constitution of India.

(2.) Case of the petitioners is that, they are working on the post of teachers at Junior High School Nawrozabad engaged as such between the years 1974 to 1984. The school is managed by the Western Coalfields Limited Education Society, a Society registered under the Society Registration Act. It is urged that, though managed by the Society; however, the effective control of the Society vests with the Western Coal Field Limited and 100% grant is being given by the management of respondent No. 1. It is contended that, some of the employees similarly situated as the petitioner and some of the petitioner in the year 1985 vide M. P. No. 3018/1985 approached this Court seeking regularisation as Assistant Teacher and the direction for salary and other benefits at par with other school teachers. It is urged that, the petition was disposed of with the liberty to approach the authorities under Madhyamik Shiksha Adhiniyam. And having approached the authorities under Adhiniyam regularisation was directed. It is contented that despite of direction and the circulars issued from time to time by the State Government, the petitioners are deprived of the benefits like dearness allowance variable dearness allowance, and special dearness allowance. It is urged that, the petitioners though for all practical purposes are the employees of the Western Coalfields Limited, but are deprived even of the wages under the National Coal Wage Agreement. It is further contended that, even the salary since 2004 has not been paid to the petitioners. It is on these averments that the mandamus is being sought.

(3.) Controverting the contention put forth by the petitioners, the respondents categorically deny that, the Western Coalfields Limited Education Society is an extended wing of the Western Coalfields Limited. It is also urged that the society being a private society registered under the Societies Registration Act cannot maintain a writ petition under Article 226/227 of the Constitution of India. It is also urged that, the Society is neither controlled/governed by Western Coalfields nor the South Eastern Coalfield. The respondents further submits that the petitioners being not the employees of WCL nor of SECL are not entitled for any benefits under NCWA. It is urged that, the School wherein the petitioners are engaged is neither fully aided school nor controlled by the WCL/SECL. It is contended that, the school is managed by the Society and the WCL/SECL have no role to play in arranging the affairs of the Society. It is contended that, some minor financial subsidies provided to the school ispo facto will not bring the school within the ambit of WCL/SECL.