RAMESH VISHWAKARMA Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) Heard Mr. Deepak Kumar Dubey, learned counsel for the petitioners, Mrs. Darshana Poddar Mishra, learned counsel for the CCL-respondents.

(2.) In the captioned writ application, prayer has been made by the petitioners for direction upon the respondents to pay and release the admitted due arrears in lieu of operating allowance to the petitioners who are Dumper Operators Grade-I in terms of NCWA-V and NCWA-VI for the period 1/7/1991 to 31/10/1995 and 1/7/1996 to 31/12/2000.

(3.) The brief facts, as has been averred in the writ application, is that in pursuance to notification dtd. 22/2/1975 in terms of National Coal Wage Agreement (hereinafter referred to in short NCWA) the Dumper Operators Grade-I shall be paid 121/2 % of their basic wages as operating allowance for the operation of a capacity of 45 metric tonnes and above. It is further averred that vide order dtd. 7/8/2000 the respondents have decided to make payment of arrears. Since nothing was paid by the respondents, the petitioner submitted representations to the respondents vide Annexure-3 to the writ application. A proposal has been made by the respondents vide decision dtd. 2/9/2004 with regard to payment of arrears of the Dumper Operators Grade-I for operating dumpers of more than 50 metric tonnes capacity as evident from Annexure-4. Being aggrieved by the non-payment of operating allowance for the period in question, petitioners being aggrieved by inaction of the respondents have approached this Court under Article 226 of the Constitution of India for redressal of their grievances.