PRAMOD KUMAR Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) The writ petition bearing W.P.(S) No. 5585 of 2007 was filed on behalf of the Petitioners for issuance of a writ in the nature of Mandamus directing the Respondents to appoint the Petitioners on the post of Junior Over man and Mining Sirdar which posts had been advertised to be filled up vide Advertisement No. 1762 (NEE) dated 6.1.2007.

(2.) As per the case of the Petitioners, they having acquired diploma in Mining and Mines were appointed as Trainee Apprentice under the Apprentices Act, 1961 in different Collieries of B.C.C.L. After completion of the training and on holding a valid First Aid Certificate as well as Gas Testing Certificate, they were granted Over man Certificate of competency under the Coal Mines Regulation, 1957. After several years of having Over man Certificate of competency, an advertisement was made in the year 2007 calling for the applications for selection on the post of Junior Over man and Mining Sirdar whereby maximum age was prescribed as 30 years. As there was no provision for relaxation of age for the trained apprentices nor the trained apprentices were exempted from appearing in the written test, the Petitioners made representation in the light of a decision rendered in a case of U.P.S.R.T.C v. U.P. Parivahan Nigam Shishukhs Berojgar Sangh, 1995 SCC(L&S) 386, praying therein to exempt them from taking written test and also to relax age limit. When no decision was taken the Petitioners moved this Court for the relief stated above.

(3.) In the said writ application, a counter affidavit was filed on behalf of the Respondents wherein it was stated that as per the provision of the Coal Mines Regulation. 1957, Diploma Holders in Mining are required to take practical training for a period of one year in any Underground Mines for appearing in Over man ship Certificate of Competency Examination conducted by the Director General of Mines Safety, Dhanbad but the Petitioners have no requisite qualification and that posts advertised have already been filled up whereas the Petitioners had even not submitted their applications in terms of the advertisement.