COAL INDIA LIMITED Vs. MAHADEV BANERJEE

JUDGEMENT

(1.) THIS second appeal is directed against the Title Appeal no. 32 of 1991 passed by the learned Additional District Judge, durgapur, District -Burdwan in Title Appeal No. 32 of 1981 whereby he has dismissed the title appeal and affirmed the judgment and decree dated 23. 12. 1980 passed by the learned Munsif, First Court, Durgapur in Title suit No. 111 of 1978.

(2.) THE short fact of the case is that the plaintiffs/respondents were appointed teachers of Moira Colliery Junior high School on 03. 02. 1968 for imparting education to the children of the colliery employees. The said school is situated on the premises of moira Colliery and was being managed by the colliery authorities through a school committee consisting of the representatives of the management and the employees. The agent or the welfare officer was the ex-officio Secretary of the school committee. The plaintiff No. 1 was appointed headmaster of the said school and the plaintiff No. 2 was appointed assistant Teacher and their names were duty recorded in the muster rolls of the said colliery and they were paid their salaries out of the fund of the said colliery. Then coal Mines (Nationalisation) Act, 1973 was passed vesting the right title and interest of the said colliery in the Government company namely Eastern coalfields Limited, a subsidiary of Coal India Limited, with effect from 01. 05. 1973. Thus, the said school building became the property of the said Government Company. The plaintiffs/respondents have been working in the said school after such promulgation of the act of 1973. But all of a sudden they got a notice that their names had been struck off from the rolls of the company with effect from 14. 09. 1973. They made several correspondences with the Government Company but could not get any remedy. Ultimately, they filed the Title Suit No. 111 of 1978 before the learned Munsif, First Court, Durgapur for declaration that the plaintiffs/ respondents are the direct employees under the defendants and that they have the right to get salaries, decree for cost, etc.

(3.) UPON consideration of the evidence of both the sides, the learned munsif decreed the suit on 23. 12. 1980. The appellant filed an appeal bearing Title Appeal No. 32 of 1981 against the said judgment and decree and that appeal was dismissed on 28. 04. 1988 by the learned additional district Judge, Durgapur, holding inter alia, that the amendment Act of 1986 deals with substitution and not with amendment and that the plaintiffs/ respondents would be governed by the provision of the unamended Section 14 (2) of the Act to become employees of the Government company.