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High Court of Jharkhand · body

2025 DAILYLAW 27205 (JHR)

DEBI PRASAD GHOSH v. BHARAT COKING COAL LIMITED

WPC/5143/2022 · 2025-02-10

Sri Ananda Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 5143of 2022 1. Debi Prasad Ghosh, aged about 63 years, son of Late Ram Krishna Ghosh, resident of BichBalihari, PO & PS: Kusunda, District- Dhanbad -828 116. 2. Prabir Kumar Bhadra, aged about 65 years, son of Paresh Chandra Bhadra, resident of Tetulmari Station Road, PO & PS: Sijua, District-Dhanbad-828 121. 3. Kamal DeoSahu, aged about 73 years, son of Late Ram BhajjuSahu, resident of Bansjora Bazaar (Gareria), PO: Bansjora, PS: Kenduadih, District- Dhanbad-828 101. 4. SachiNandanMahato, aged about 64 years, son of Late BhimMahato, resident of Village- Adro, PO: Keshka, PS & District- Dhanbad– 828109. 5. Bharat Mishra, aged about 66 years, son of Late Chandra Shekhar Mishra, resident of Near DurgaMandir, Jealgora No. 7, PO & PS: Jealgora, District- Dhanbad-828 110. 6. Ram Balak Kumar, aged about 74 years, son of Late Triveni Kumar, resident of Near DurgaMandir, Jealgora No. 7, PO & PS: Jealgora, District- Dhanbad - 828 110. 7. Kameshwar Prasad Singh, aged about 60 years, son of Ram Dhyan Singh, resident of JOCP Colony, Nirsa-cum-Chirkunda, PO & PS: Nirsa, District- Dhanbad - 828 202. 8. Gopal Chandra Hazari, aged about 66 years, son of DebuLalHazari, resident of BhatdihBasti, PO & PS: Tetulia, District- Dhanbad– 828308. 9. Md. Hatim Ansari, aged about 71 years, son of Late Md. Hanif Ansari, resident of Near Masjid, Kendua No. 4, PO & PS: Kusunda, District- Dhanbad-828 116. 10. Shailendra Kumar Mandal, aged about 65 years, son of Hari Prasad Mandal, resident of 09, New Delhi Colony, Hanuman Mandir, PO & PS: Dhansar, District- Dhanbad-828 106. 11. Dayal Chandra Mahto, aged about 62 years, son of Late Gokul Chandra Mahto, resident of Dumorjor, PO: Moradih, PS: Nirsa, District-Dhanbad-828 205. 12. Anil Kumar Choudhary, aged about 62 years, son of Late AyodhyaNathChoudhary, resident of Village Sadhobad, PO: Kharni, PS: Barwadda, District- Dhanbad-826 006. 13. RewatLalMahato, aged about 65 years, son of Late Chola Ram Mahato, resident of Village Daldali, PO & PS: Rajganj, District-Dhanbad-828 113. 14. Rajendra Prasad Kushwaha, aged about 65 years, son of Late BimalMahato, resident of Baramuri B. Polytechnic, Near Guru Maa Ashram, PO & PS: Dhanbad, District- Dhanbad - 828 130. 15. SisirChandra, aged about 64 years, son of Late RajendraLal Chandra, resident of BichBalihari, PO & PS: Kusunda, District- Dhanbad 828116. … … Petitioners Versus 1. Bharat Coking Coal Limited, a subsidiary of Coal India Limited, having its Head Office at KoylaBhawan, Koyla Nagar, P.O. & P.S. – Saraidhela, District – Dhanbad. 2. Managing Director, Bharat Coking Coal Limited, KoylaBhawan, Koyla Nagar, P.O. & P.S. – Saraidhela, District – Dhanbad. 2 3. General Manager (Personnel & Industrial Relation), Bharat Coking Coal Limited, KoylaBhawan, Koyla Nagar, P.O. & P.S. – Saraidhela, District – Dhanbad. … … Respondents --- CORAM : SRI ANANDA SEN, J. --- For the Petitioners : Mr.Vikesh Kumar, Advocate For the Respondents : Mr. Indrajit Sinha, Advocate --- 06/10thFebruary 2025 1. There is no privity of contract between the petitioners and Coal India Limited or the subsidiaries of Coal India Limited. The petitioners, admittedly, are teaching and non-teaching staff of privately managed school which are running in the BCCL area. These Schools are not a State within the meaning of Article 12 of the Constitution. 2. The petitioners submits that the Schools are not getting the grant in aid, thus their honorarium are not been paid. 3. If a grant-in-aid is not paid to the School, it is the School who can approach the Authorities and not these teachers. Teachers should be interested in salary which they can take from the Schools which are admittedly privately managed Schools. 4. Thus, this writ application according to me does not lie under Article 226 of the Constitution of India. Accordingly, the writ petition stands dismissed. 5. Petitionersare at liberty to approach before appropriate forum praying for the relief for grant of salary, if not been paid. (ANANDA SEN, J.) Aditi