HIRALAL CHAMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed for quashing reference refusal order contained in letter dated 15.02.2017 issued by the appropriate Government, whereby the dispute for protection of wages of the petitioner has been denied to be referred for adjudication on the ground of inordinate delay.

(2.) From the pleadings, it appears that the petitioner was initially appointed as Miner Loader, P.R. (piece-rated) on 02.12.1985 having personal no.02785350 as a permanent employee of Bhowra South Colliery under E.J. Area. Thereafter, he was provisionally allowed to work as Mining Sardar, time-rated worker, vide office order dated 09.02.1996, which was subsequently confirmed vide office order dated 31.12.1996/01.01.1997 and he was placed in the pay scale of Mining Sardar.

(3.) It further appears that the petitioner was converted from piece-rated worker to time/monthly rated worker as per the service condition of the respondent-Company. There are two types of worker, one is piece-rated and another is time/monthly rated. The wages of piece-rated worker is given on the basis of volume of work while the wages of time-rated worker is given on the basis of time i.e. daily wages.