COAL EMPLOYEES UNION Vs. COAL INDIA LTD

JUDGEMENT

(1.) The present writ petition has been filed by Coal Employees' Union and its General Secretary Sukdeb Sarkar praying inter alia for a writ of mandamus to command the respondents to withdraw and/or cancel the impugned order No. CIL/Civil/2.08(Z)/249 dated 9th July, 1990 issued by the Executive Engineer (Civil) being Annexure 'C' to the writ petition on the ground that the service condition of the petitioner to work for five days a week has been sought to be changed asking them to work for six days a week in contravention of section 9Aof the Industrial Disputes Act. Section 9A of Industrial Disputes Act provides inter alia that no employer who proposes to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the 4th Schedule, shall effect such change-

(2.) The main grievance of the petitioners is that while they were working under Coal India Limited at different places they were having five days a week and upon being transferred to the present establishment they were allowed to work for five days and by the main notice they have been asked to work for six days a week and such an attempt is in violation of the Service Conditions and it infringes the statutory protection as envisaged under section 9A of the Industrial Disputes Act.

(3.) The writ petition is, seriously contested by the Coal India Authorities. In paragraph 9 of the affidavit-in-opposition it is disclosed inter alia that the employees of Coal India Limited availed themselves of the facilities of the working days in a week depending on the fact where they are posted. The persons who are posted in the Coal India Ltd. Guest House, i.e. at Lord Sinha Road, Calcutta and Salt Lake, B-Sector, Calcutta and Stockyards situated and approximately at 69 places in India including West Bengal and performing their duties for six days a week and eight hours per day. Then at Coal India Ltd. Headquarters the security personnels are required to work six days a week for eight hours a day. It is further placed on record that it is incorrect to state that every where in Coal India Ltd. Establishment the system of five days working is prevailing. It is only at the administrative office of Coal India Ltd. where five days a week system is prevalent. In all other establishments of Coal India Ltd. six days a week system is in vogue. This specific averment in the affidavit-in-opposition has not been properly disputed, denied and/or controverted. In paragraph 8 of the Affidavit-in-Reply it is stated that the contentions in the writ petit ton have been repeated and reiterated and it is denied that the employees perform duties in other offices six days a week and eight hours per day. Other averments remain uncontroverted.