FLOURITE MINES MAZDOOR SANGH Vs. RAJASTHAN STATE MINERAL

JUDGEMENT

(1.) THE petitioner by this writ petition has challenged the order dated 20th June, 1984 (Anx. 1), whereby the employees working in the Rajasthan Fluorspar Project, Mando -ki -Pal, Dungarpur were transferred to various other mines under the Rajasthan State Mineral Development Corporation Ltd. (here in after referred to as the respondent Corporation) because of the fact that in some of mines mineral has exhausted or Fluorspar Mineral of requisite grade is not available. It is this order which is being sought to be challenged by the petitioner, the Fluorite Mines Mazdoor Sangh, Hando -ki -Pal, Dungarpur, through the present writ petition.

(2.) THE petitioner is a trade Union registered under the Indian Trade Unions Act and it has 475 workmen as its members working in the respondent Corporation and they are employed at the Rajasthan Fluorspar Project Mando -ki -Pal, Dungarpur. The total number of workmen employed in the six mines, viz., Kahila, Nava Gaon, Gahuwada, Thorewali, Bhatwali, Bhanwaria -ka -Naka, under the said Rajasthan Fluorspar Project Mando -ki -Pal is about 1,150, The respondent Corporation is a registered company registered under the Indian Compaeies Act, 1956 and according to Articles of Association it is clear that it is controlled by the Officers of the State, therefore the respondent Corporation is a State within the meaning of Article 12 of the Constitution of India. The respondent Corporation is running several projects at several places in Rajasthan, one of them being the Rajasthan Fluorspar Project, Mando -ki -Pal. It has been submitted that a common seniority is maintained of all the six mines mentioned above. Recruitment, is also common in all the six mines. There is one Standing Order for these six mines. It has also been submitted that there is a common promotion policy and various other aspects have been shown in order to show that this is one establishment. Though all these details were initially mentioned in the writ petition but after filing a reply a detailed rejoinder has been filed more than the size of the writ petition and other various documents have been filed from time to time to show that this is a one establishment. On 1st July, 1964 when the mineral material of requisite grade has been exhausted and whatever is left was not of requisite quality the mines at Bhanwaria -ka -Naka was closed and the workers working on the said mines were accordingly transferred to the Gypsum Project, Bisrasar (village Bisrasar, Tehsil Nohar, District Ganganagar). Similar orders were passed in respect of Nava Gao, Thorwali, Bhatwali Mines in the Mando -ki -Pal Project.

(3.) THE principal submission which has been placed for my consideration is whether all the six mines of the Flouorspar Project Mando -ki -Pal constitute one establishment or not. In order to arrive at whether this constitutes one establishment or not, after surveying all the documents which have been placed for my consideration by both the parties, I do not want to record any finding because of the disputed claim from both the parties. The learned Counsel for the petitioner has referred to Standing Orders, so called seniority list, common promotion policy, balance sheet. All the contentions raised by the petitioner have been denied by the respondent Corporation. It has also been categorically denied by filing an affidavit of L.N. Bhattacharjee that in fact the seniority is maintained mines -wise. I do not want to record any finding for the reason that it might prejudice the case of the petitioner. In view of the conflicting claims of both the parties the proper course would be that the matter should be agitated before the Tribunal where both the parties can lead necessary evidence whether it is one establishment or not.