LAWS(CAL)-2003-9-76

BISHNU LOHAR Vs. EASTERN COAL FIELD LTD.

Decided On September 09, 2003
Bishnu Lohar Appellant
V/S
Eastern Coal Field Ltd. Respondents

JUDGEMENT

(1.) In these three writ petitions a common pry liminary point has been raised on behalf of the respondents. The said point is that these three writ petitions are not maintainable within the territorial jurisdiction of this High Court. Without going into the merits of three cases, the facts as made out in the writ petitions need be only taken into account to decide the question of maintainability on the above score.

(2.) The first petitioner is Bishnu Lohar. He says that his father Late Sriram Lohar was a permanent employee under the Estern Coalfields Ltd. said Sriram Lollar died on 5.5.1994. There is one coal wages Agreement between the Management and the Labour Union and the said Agreement is binding upon both the parties. In terms of the said Agreement Bishnu Lohar prays for appointment on compassionate ground.

(3.) The next petitioner, Rama Sankar Upadhaya makes out a case that registered office of Coal India Ltd. is at 10 Netaji Subhas Road, Calcutta. The Eastern Coalfields Ltd. the respondent no. 2 herein is the subsidiary of the respondent no. I having registered office at 13, R.N. Mukherjee Road, Kolkata. The petitioner Rama Sankar Upadhyay is an employee under the respondent No. I i.e. Coal India Ltd. and is now posted at Mugma area of Coal India Ltd. He was posted as office superintendent under Personnel Department. Against him a disciplinary proceedings was initiated and a chargesheet was issued. He replied to the chargesheet. He made representation on 12.2.2002. Ultimately punishment was inflicted on him and he was demoted to Lower Grade. The petitioner prayed for supply of all documents by which he wanted to prefer an appeal and the said prayer was rejected.