JHARKHAND COLLIERY MAZDOOR UNION Vs. CENTRAL COALFIELDS LTD

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Prayer in this writ application, as made by the petitioner-Union representing the Drivers, whose detailed particulars have been listed in Annexure- 1, is for a direction upon the Respondents to pay and release the amount in lieu of extra work performed by the members of the petitioner "â„¢s Union beyond normal duty hours, from the date of their eligibility with interest @ 18 per cent per annum calculated from the date when it fell due and till actual payment. Alternatively, a further prayer has been made for directing the Respondents to fix the duty hours of the members of the petitioner "â„¢s-Union at par with other similarly situated employees of the Respondent No. 1.

(3.) The admitted facts of the petitioner "â„¢s case is as follows: - The members of the petitioner "â„¢s union are engaged as Drivers under the various Establishments and units of the Respondent No. 1 including its Headquarters. An office order, dated- 22.07.1992, was issued by the office of the Chief of Administration of the National Coal Development Corporation, laying down the Guidelines regulating the duty hours, payment of overtime allowance, payment of additional remuneration for work on weekly rest days and other holidays as well as payment of daily allowance for journeys on tour etc. for Staff Car Drivers. On an earlier dispute referred to it, by the Central Government, the Industrial Tribunal No. 2, Dhanbad, by its Award passed in Reference Case No. 244 of 2007, had directed that the working hours of Staff Car Drivers in the Pool with effect from 31st July, 1972 shall be from 9 A.M. to 6 P.M. with lunch break for half an hour from 12:30 to 1 P.M. However, consequent upon the promulgation of the Coalmines Nationalization Act, 1972, the National Coal Development Corporation has been re-designated and re-styled as Central Coalfields Ltd., as the subsidiary of the Coal India Ltd., since 1973. Consequent upon such redesignation, a tripartite settlement was entered into by and between the Management of the Respondent No. 1 and the representatives of the Union as well as the authorities of the Labour Department.