TIRUPATI AUTO ENGINEERING WORKS & ANR Vs. EASTERN COALFIELDS LIMITED & ORS
LAWS(CAL)-2018-10-64
HIGH COURT OF CALCUTTA
Decided on October 11,2018

Tirupati Auto Engineering Works And Anr Appellant
VERSUS
EASTERN COALFIELDS LIMITED And ORS Respondents

JUDGEMENT

Arindam Mukherjee, J. - (1.) The writ petitioners allege that the writ petitioner no.1 is a registered S.S.I. Unit and is enlisted to Eastern Coalfields Limited (in short 'ECL') for doing repair works of the vehicles of different collieries at Kunustoria Area, Kajora Area, Bankola Area and Kenda Area of the said Eastern Coalfields Limited the respondent no. 1 . It is also the further case of the writ petitioners that by several note-sheets issued from time to time by the Eastern Coalfields Limited, the writ petitioner no. 1 carried out repairs to the vehicles of several collieries under Eastern Coalfields Limited.
(2.) The writ petitioners show that the Eastern Coalfields Limited (Belbaid Colliery, Kunustoria Area) by a memo dated 11th /15th September, 2003 - after scrutinizing the documents - had approved an amount of Rs. 82,353/- to be paid to the writ petitioner no. 1. It is an internal document and appears at page 51 of the writ petition. By another internal memo dated 25th September, 2003, the agent of the Parasea Group of Mines informed the Area Finance Manager, Kunustoria Area, that payment of Rs. 82,353/- could not be made to the petitioner no.1 in the financial year 2001 although the said amount had already been approved by the concerned agent but due to paucity of fund and thereafter as the budget was being controlled and operated by the area office, the proposal could not be cleared.
(3.) The writ petitioners say that despite such admission, the admitted amount of Rs. 82,353/- remained unpaid. In such a situation the writ petitioners approached this Court by filing a previous writ petition, being W.P. 19447 (W) of 2004, which was disposed of by an order dated 5th January, 2007, directing the competent authorities of Eastern Coalfields Limited to consider and dispose of the representations made by the writ petitioners within six weeks from the date of communication of the said order.;


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