JHARIA WATER BOARD AND JHARIA MINES BOARD OF HEALTH KARAMCHARI SANGH Vs. MINERAL AREA DEVELOPMENT AUTHORITY AND ORS.

JUDGEMENT

(1.) THIS writ application has been filed for issuance of a direction commanding the Respondents, especially Respondent Nos. 3, 4 and 5 for according approval on the pension scheme formulated by Mineral Area Development Authority, Dhanbad vide its resolution dated 19.01.1991.

(2.) IT appears that Mineral Area Development Authority, Dhanbad (Respondent No. 1) had resolved and framed a rule namely "Mineral Area Development Authority, Dhanbad Employees Pension Rules 1989". It then appears that the said rule was sent to State of Bihar for its approval. It further appears that thereafter so many reminders sent to the State of Bihar till 18.09.2000 for the necessary approval, but were in vain.

(3.) UNDER Section 100 of the Bihar Mineral Area Development Authority Act, 1986 the Respondent No. 1 has power to constitute pension scheme as well as provident fund scheme. It then appears from Section 129 Clause C that if any regulation/rule is framed by Respondent No. 1 in relation to salaries, allowances and condition of service of its officers and employees, then previous approval of the state government is necessary. It appears that in consonance with aforesaid provision as contained in Section 129, Respondent No. 1 sent aforesaid pension rule for approval to the state government.