Rajbali S/O Singhasan Dhuriya v. Western Coalfields Limited, Nagpur Through Its Chairman-Cum-Managing Director And 2 Others

0308wp4599.6914.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.4599 of 2014 (Shri Anandrao s/o Ramji Ekunkar v. Western Coalfields Ltd., through its Chairman-cum-Managing Director, Nagpur, and others) And Writ Petition No.6914 of 2014 (Shri Rajbali s/o Singhasan Dhuriya v. Western Coalfields Ltd., Nagpur, through its Chairman-cum-Managing Director, and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri D.S. Thakur, Advocate for Petitioner.

Shri S.C. Mehadia, Advocate for Respondents.

Coram : Smt. Vasanti A. Naik and A.M. Badar, JJ. Dated : 3 rd August, 2015 Since the issue involved in these petitions is identical and similar prayers are made by the petitioners therein, they are heard together and are decided by this common order. By these petitions, the petitioners seek a direction to the respondents to implement their orders dated 15-2-1999 and 5-3-1999 and some subsequent orders and protect the salary of the petitioners. The respondents have filed an affidavit-in-reply. It is stated in the affidavit-in-reply that the petitioners were working on piece-rate basis till they were posted as Dumper Operators and were regularized as Drivers in Category V in the year 2001. It is stated that the Coal India Ltd. has issued an office order dated 15-9-2014 for protecting the pay of the piece-rated employees. It is further stated that in view

0308wp4599.6914.14.odt of the said office order, the past cases are also to be dealt with in similar manner. It is stated that the implementation of the said office order is in process and the petitioners would also be getting the benefit of the same.

Shri Sakharkar, the learned counsel for the petitioners, states that the grievance of the petitioners stands redressed in view of the statements made in the affidavit-in-reply filed on behalf of the respondents.

Hence, we dispose of the writ petitions by accepting the statements made in the affidavit-in-reply, which would be binding on the respondents.

Order accordingly. No costs.

Judge Judge.

Lanjewar