BHARTIYA COAL KHAN Vs. JANDK MINERALS LTD

JUDGEMENT

(1.) PETITIONER Union through its President seeks to challenge the office order issued by the respondent-Corporation i. e. Annexure-B with the petition. For facility of reference this is being re-produced below:-

(2.) A perusal of the above communication would make it apparent that the Management has taken a decision to withdraw the allowance in favour of the workers, who are performing their duties at Tatapani, Moghla and Matka Mines. The validity of the afore-mentioned circular is being challenged inter-alia on the ground that all employees working on projects being looked after by the Jandk Minerals Ltd. are entitled to compensatory allowance, as envisaged by Rule 25 of the Rules. It is stated that if these benefits were to be withdrawn then the least that was required was that the petitioner Association of the workers concerned should have been heard in the matter. This argument is sought to be countered by the respondents by taking a plea that the service conditions can be challenged in the exercise of power, which is conferred by the very rule on which the reliance is being placed.

(3.) THERE is no dispute with the proposition that service conditions can be changed, but if these are to be changed then the procedure indicated in the Industrial Disputes Act of 1947 shall have to be followed. In this regard it would by apt to notice the provisions of Section 9-A of the Act. For facility of reference Section 9-A is being reproduced below:-