GAUTAM SINGH Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) In this writ application, the petitioners, who are 8 in numbers, seek issuance of appropriate writ directing the respondents to reinstate and regularise the services of the petitioners who have worked under the respondents from January 1992 to 1997 and further to pay all back wages consequent upon reinstatement.

(2.) The petitioners case is that they were appointed in January 1992 by the White Industries Australia Ltd., Piparwar Project of CCL and they continuously worked till December 1997. It is stated that Respondent No. 5, White Industries Australia Ltd. is a registered project of respondent-CCL which was established for construction, maintenance and repairing of quarters of Australian experts situated within the Piparwar Project. Petitioners were appointed in different posts lamely, electrician, carpenter, plumber, DG Boy, cleaner, etc. and were paid their salary egularly by the then contractor. The Detitioners claimed that they worked for CCL it their instance, salaries were paid to the jetitioners from the fund of CCL. However, :he respondent illegally and arbitrarily stopped :aking work from the petitioners from December 1997.

(3.) A counter-affidavit has been filed on ehalf of the Respondent Nos. 1 to 4 stating, nter alia, that the petitioners were never engaged and/or employed by CCL and there, loes not exist any relationship of employer and mployee between the petitioners and the espondent-company. The respondents case is hat the Australian Government offered to Drovide interest free loan for construction of Mine-cum-Beneficiation Plant at Piparwar Project of CCL and the Government of India accordingly entrusted Coal India Ltd. for execution of the agreement and similarly Government of Australia entrusted Respondent No. 5 for execution of the same. Accordingly, an agreement between the Respondent No. 5 and Coal India Ltd. was signed in the year 1989 whereby it was decided to open a modern Cast Mine at Piparwar Project. The agreement, inter alia, provided stay of 30 Australian Nationals for a period of 66 months beginning from January 1990. The entire agreement came to an end in October 1997 and the last batch of Respondent No. 5 Personnel left Piparwar Project in the month of October, 1997. The Australian experts, who visited India, were residing in a colony at Piparwar named as "Sangam Vihar". The maintenance of the aforesaid colony was in the hand of Australian expertise themselves by way of engaging electrician, carpenter, cleaner, servants, cook, etc. It is stated that the respondent-company had to pay monthly to Respondent No. 5, the incidental expenses of Rs. 250 per day for 13 expatriates, employed by the Respondent No. 5 for actual number of days of stay during the period of the agreement. A copy of the agreement has been annexed as Annexure A to the counter- affidavit. It is further stated that the respondent-company never made any payment to the petitioners on account of their alleged working.