Ravi Kumar Lala @ Ravi Lal vs Bharat Coking Coal Limited, through its Chairman cum Managing Director

Deepak Roshan, J

The claim of the petitioner is that as per the relevant provision i.e. 2.11.1 of N.C.W.A-VI [National Coal Wages Agreement (in short, NCWA)] the petitioner should have been granted the 1st S.L.U with effect from 01.01.1998 as on that date the petitioner has completed 8 years of service without getting benefit of promotion.

The petitioner had earlier moved before this Court in W.P.(S) No. 891 of 2016 which was disposed of by this Court vide order dated 14.06.2016 holding as under:

"Having regard to the submission made by the parties, I direct the petitioner to file a fresh representation before the Respondent No.3, General Manager, Govindpur Area, Bilbera, Dhanbad, annexing all the relevant documents which the petitioner is relying upon within a period of two weeks from today. The respondent no.3 in turn on receipt of the said representation will dispose of the same within a period of eight weeks, thereafter.

Respondent no.3, if comes to the conclusion that the petitioner is entitled for consequential benefits arising out of the same, it will be extended to the petitioner within a period of two weeks, thereafter. In case of refusal, reasons should be communicated to the petitioner.

This writ application stands disposed of."

Pursuant thereto the petitioner preferred a representation and a fresh order has been passed.

From bare perusal of the impugned order/reasoned order dated 22/24.11.2016 it appears that in the finding portion only the facts are written; however, the contention of the petitioner has not been deliberated, inasmuch as, why the petitioner is not entitled to get the 1st S.L.U from 01.01.1998 since he has completed 8 years of service without getting any promotion.

Accordingly, the matter is remitted to the respondent no. 3- General Manager, Govindpur Area to pass a fresh order after giving opportunity to the petitioner either in person or through his lawyer and pass an order strictly in compliance of the order passed by this Court earlier in W.P.(S) No. 891 of 2016.

Since the petitioner has already retired, the order must be passed in accordance with law and applicable rules and regulation within a period of 12 weeks from the date of receipt/production of copy of this order and the consequential benefits, if any, shall be calculated and paid within a further period of 8 weeks.

As a result, the instant writ application stands partly allowed.

Pending I.As, if any, also stand disposed of.