AMRENDRA KUMAR MISHARA & SRI KRISHNA SINGH Vs. CHAIRMAN-CUM-CHIEF MANAGING DIRECTOR, BCCL
LAWS(JHAR)-2002-9-89
HIGH COURT OF JHARKHAND
Decided on September 10,2002

Amrendra Kumar Mishara And Sri Krishna Singh Appellant
VERSUS
Chairman -Cum -Chief Managing Director, Bccl Respondents

JUDGEMENT

VIKRAMADITYA PRASAD, J. - (1.) ALL these three writ applications have been heard together and are being disposed of by this common judgment as the substantial question to be answered in these writ applications is the same.
(2.) THE substantial question is whether the Schools, which are managed by a Managing Committee comprising of the Senior Officers of the Mines of BCCL in their respective areas and were given grant in -aid by the BCCL. besides in some cases the Schools were also provided with Furniture etc. and also buildings, though they are raised by the BCCL and when there was an agreement (Annexure -9 of CWJC No. 321/99R) between the BCCL and R.C.M.S. to provide for a pay scale to the Teachers can BCCL be directed to grant a regular scale of pay to the Teachers of such Schools which were imparting education to the children of the employees of BCCL. The relevant portion of Annexure -9 (supra) reads as follows : "RCMS representatives indicated that salary of Teachers of Primary Schools run through Managing Committee is lower than the teachers of State Government. This needs consideration by the management of B.C.C.L. It was agreed that with regard to such existing schools to which grant are already being given by B.C.C.L., the grants would be suitably enhanced to enable the managing committee of these schools to pay existing teachers same salary as being paid to teachers under Education Deptt. Government of Bihar."
(3.) THE petitioners -teachers are being paid a consolidated salary of Rs. 750/(Primary Teacher), Rs. 1050/ - (Middle School) which were subsequently raised to Rs. 850/ - and 1200/ - respectively per month. These are not the scales of pay but a consolidated salary. The petitioners of CWJC No. 321/99R are the teachers of Upper Primary School, that of CWJC No. 2600/2000R are the teachers of Upper Primary School and that of CWJC No. 2226/2000R are the teachers of Middle School. The buildings and furniture of these Schools are of B.C.C.L. Undisputedly, the offices of the different mines of the B.C.C.L., in which these schools were operating, consisted of Senior Officials of the Mines, Teachers of the Schools and representatives of the Trade Unions. The schools were imparting education to the children of the employees of the mines under the control of B.C.C.L. The petitioners were also given the facilities of the Medical Treatment at the Hospitals of B.C.C.L, vide Annexure -4 of CWJC No. 321/99R and they were referred to Central Hospital and their status were related to the Colliery to which this Scheme was related.;


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