RAGHUNATH RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Present writ petition has been filed for quashing of judgment dated 08.04.2016, passed by the Presiding Officer, Labour Court, Dhanbad in M.J. Case No. 15 of 2015 and also for a direction upon respondent no. 2 to pay dues of domestic coal supply in terms of 12 baskets per month w.e.f. January 1997 to February 2014.

(2.) Learned counsel for the petitioner submits that the petitioner had filed an application under Section 33 C (2) of the Industrial Disputes Act, 1947 (hereinafter referred as the 'Act') before Presiding Officer, Labour Court, Dhanbad being M.J. Case No. 15 of 2015 stating the fact that he was a permanent employee of M/s B.C.C.L. Ltd., posted on the post of senior accountant in PB area office, area no. VII, Dhanbad and retired from service on 28.02.2014. He could not get his monthly quota of coal for domestic use in terms of 12 baskets per month since January 1997 to February 2014 as per the provisions of National Coal Wages Agreement. Thus, the petitioner is entitled for either free coal supply for domestic use to the extent of 2472 baskets equivalent to 137 tonnes and 6 baskets or payment of money in lieu thereof. It is further submitted that the learned Labour Court, Dhanbad vide order dated 08.04.2016 rejected the application of the petitioner filed under Section 33 C (2) of the Act which is put to challenge in the present writ petition.

(3.) Learned counsel for the petitioner further submits that the learned Labour Court committed serious error in rejecting the application of the petitioner filed under Section 33 C (2) of the Act, as the quota of coal was easily computable in terms of money and the said application of the petitioner was maintainable before the Labour Court. Since the petitioner did not avail the facility of monthly quota of coal to be used for domestic purpose since 1997, he is entitled for payment of money in lieu of 137 tonnes of coal which accrued in his favour w.e.f. January 1997 to February 2014. Under the said circumstance, the impugned judgment dated 08.04.2016 passed by the Labour Court, Dhanbad is erroneous and the same is liable to be set aside.