SOUTH EASTERN COALFIELDS LTD. Vs. CHIEF LABOUR COMMISSIONER

JUDGEMENT

(1.) The instant petition is pending since 2022. The pleadings are complete and with the concurrence of learned counsel for the parties, who are ready to argue it finally, the petition is heard finally.

(2.) By this petition filed under Article 226 of the Constitution of India, the petitioners are questioning the validity and correctness of the order dtd. 3/5/2017 (Annexure-P/1) and order dtd. 19/5/2022 (Annexure-P/2).

(3.) The facts in compendium are that the petitioner - South Eastern Coalfields Limited (SECL) is one of the subsidiary companies of the Coal India Limited which is under the administrative control of Ministry of Coal, Government of India. The Company has various mines in the State of Madhya Pradesh and State of Chhattisgarh. The provisions of Industrial Employment (Standing Orders) Act, 1946 (for brevity "Act, 1946") is applicable to the petitionercompany. The Standing Orders were made so as to govern the service conditions of the Wage Board Employees i.e. non-executive staff or workmen of SECL. The Standing Orders were certified by the Regional Labour Commissioner (Central) Bombay way back on 8/7/1991. The certified Standing Orders do not contain any provision showing the disciplinary authority for taking disciplinary action against the Wage Board Employees. However, Clause 2.3 of the certified Standing Orders provides "competent authority" means an officer specially nominated by the Chairman/Managing Director concerned by an order in writing for the purpose of these standing orders. Such orders shall be put on Notice Board and copies sent to the concerned registered trade unions. In terms of the clause containing "Competent Authority' office order was issued by the-then Chairman-cum-Managing Director, SECL on 31/3/2008 and on 1/4/2008 (Annexure-P/5) mentioning various authorities to exercise the power of 'Competent Authority for all the provisions of the certified Standing Orders of SECL. Appointment letters of non-executive cadre i.e. Wage Board Employees is issued either by Area General Manager or Area Personnel Manager after the approval of Area General Manager and for those who are employed at Headquarters Bilaspur by General Manager (P&A). Respondent No.2, who was employee of SECL filed an application on 16/1/2015 (Annexure-P/16) before the Chief Labour Commissioner (Central) Delhi (for short "CLC") with regard to delegation of power given to various officers of SECL for taking action against the Wage Board Employees of company. The said claim of respondent No.2 was based upon an information given under the Right to Information Act saying that the Director (P) is the appointing authority and then the CLC started the conciliation process in which the officers of the petitioner-company participated and submitted a reply. Thereafter, vide impugned order dtd. 3/5/2016, the CLC directed the petitioner-company to amend the certified Standing Orders with regard to delegation of power. Subsequently, after examining the order dtd. 3/5/2016, the petitioner-company noticed certain discrepancies based on which the incorrect interpretation was done by the CLC. Thereafter, the petitioner-company preferred a review application before the CLC on 25/2/2020 which was dismissed vide order dtd. 19/5/2022. Hence this petition.