GANPAT TIWARY Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) The present writ petition challenges the order dated 10th June, 2002, passed by the General Manager (I.R. Section), Department of Personnel, M/s Bharat Coking Coal Limited, Dhanbad (respondent No. 3 herein), whereby and whereunder, he has refused to give the Fitment to the petitioner in Grade -B (Excavation Cadre). The petitioner has claimed the same with effect from 18.6.1992 with consequential benefits.

(2.) THE case of the petitioner is that he was a permanent employee of respondent -M/s Bharat Coking Coal Limited and under the orders of the respondents, he underwent training of Pay Loader Mechanic at Mudidih Pay Loader Workshop during the period from 1.12.1980 to 17.7.1982 and by office order dated 19.7.1982 he was declared 'pass' as Pay Loader Mechanic and he, accordingly, joined the post of Pay Loader Mechanic. His further case is that he was not given the benefit of such post, which led to an industrial dispute and the same was finally referred for adjudication before the Central Government Industrial Tribunal No. II, Dhanbad, on 15.12.1986. During pendency of the reference before the learned Tribunal, a settlement was entered into on 25.5.1995 to place the petitioner in Excavation Grade -D notionally with effect from 23.12.1983, in Excavation Grade -C notionally with effect from 31.7.1987 and in Excavation Grade -B notionally with effect from 18.6.1992. It was also agreed that the copy of the settlement shall be filed before the learned Tribunal and request was to be made to give the award in terms of the settlement.

(3.) COUNSEL for the respondents has mainly relied upon the impugned order, passed by the General Manager dated 10.6.2002 and has reiterated its argument, which is confined to the fact that the petitioner did not file the settlement dated 16.5.1995. However, in the counter affidavit at para 4 it admits the settlement and its terms thereto.