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2026 DAILYLAW 37757 (CHH)

SOUTH EASTERN KOYLA MAZDOOR CONGRESS (I N T U C) v. SOUTH EASTERN COALFIELDS LIMITED

WPC/4903/2026 · 2026-09-24

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 CGHC010349082026 2026:CGHC:41677 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4903 of 2026 1 - South Eastern Koyla Mazdoor Congress (I N T U C) Gevra Area, A Registered Trade Union Bearing Registration No. 4139 Of 1990 And I N T U C Affiliation No. 11851, Having Its Office At M Q-80, Urjanagar, Gevra Area, District Korba Chhattisgarh, Through Its Secretary And Duly Authorised Representative, Shri Anil Kumar Rathore, S/o Late Shri Vedram Rathore, Aged About 32 Years, Occupation Dumper Operator, R/o M Q/491, Azad Chowk, Dipka Colony, District Korba, Chhattisgarh Pin Code 495452 ... Petitioner(s) versus 1 - South Eastern Coalfields Limited A Government Company And Wholly Owned Subsidiary Of Coal India Limited, Through Its Chairman- Cum-Managing Director, Having Its Corporate/ Registered Office At Seepat Road, Bilaspur, Chhattisgarh 2 - The Chief General Manager/ General Manager South Eastern Coalfields Limited, Gevra Area/ Project, Post Gevra Project, District Korba Chhattisgarh 3 - The Sub-Area Manager/ Mines Manager Gevra Opencast Project, South Eastern Coalfields Limited, District Korba Chhattisgarh 2 4 - The Deputy General Manager (Personnel/ Human Resources) South Eastern Coalfields Limited, Gevra Area, District Korba Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Shantam Awasthi, Advocate For Respondent(s) : Mr. Palash Tiwari, Advocate Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 25/09/2026 1. The petitioner herein has preferred this writ petition under Article 226 of the Constitution of India claiming the following reliefs :- “i. issue a Writ of Mandamus, or any other appropriate writ, order or direction, commanding Respondent Nos. 1 to 4 to consider and decide, on their own merits and strictly in accordance with law, the Petitioner-Union's representations dated 29.01.2024, 01.04.2024, 02.04.2024, 04.04.2024, 24.04.2024, 29.04.2025, and 29.04.2026 (Annexures P/3 to P/10), concerning implementation of Clause 1 of the Minutes of Settlement dated 11.02.2022 (Annexure P/2), by passing a detailed, reasoned and speaking order thereon, within such time-frame not exceeding 45 days from the date of production of a certified copy of the order of this Hon'ble Court as this Hon'ble Court may deem fit and proper; ii. pass any other order or direction(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice; iii. award the costs of this petition in favour of the Petitioner.” 2. Learned counsel for the petitioner submits that petitioner union has filed various representations before the respondent authorities 3 from 29/01/2024 till 29/04/2026, however, the grievance of the petitioner has neither been redressed nor adjudicated, as such, petitioner has filed this writ petition with a limited prayer stating that the respondent authorities may be directed to consider the representations of the petitioner union in accordance with law within a stipulated time after giving due opportunity of hearing to them. 3. Learned counsel for the respondents/SECL does not have any objection if such a limited order is passed in favour of the petitioner. 4. Heard learned counsel for the parties and perused the record. 5. The petitioner union has filed appropriate representations on various occasions including on 29/01/2024, 01/04/2024, 02/04/2024, 04/04/2024, 24/04/2024, 29/04/2025 and 29/04/2026 (Annexures P/3 to P/10), however, these representations have not at all been considered by the concerned respondent authorities for the reasons best known to them. Looking to the fact that the representations of the petitioner union have been kept pending for about 3 years, the respondent authorities are directed to consider and decide these representations on merits, absolutely in accordance with law, by passing a reasoned and speaking order, within 30 days from today, after giving a due opportunity of hearing to the petitioner union, if required. It is also directed that the respondent authorities shall strictly ensure that any representation made to them are considered and decided strictly 4 in accordance with law within a short period of time and are not kept pending for years and years. 6. Accordingly, this writ petition is disposed of with the aforesaid direction issued in favour of the respondents. Sd/- (Amitendra Kishore Prasad) JUDGE Harneet