BHARAT COKING COAL LTD Vs. RAM PRAKASH SINGH
LAWS(JHAR)-2004-1-29
HIGH COURT OF JHARKHAND
Decided on January 21,2004

BHARAT COKING COAL LTD. Appellant
VERSUS
Ram Prakash Singh : Amrendra Kumar Mishra : Umesh Jha Respondents

JUDGEMENT

TAPEN SEN, J. - (1.) ALL the three appeals relate to a common Judgment delivered on 10th September, 2002 by a learned Single Judge of this Court whereby and whereunder he was pleased to hold that the pay scale which was given to the clerks of the appellants should also be given to the respondents herein (i.e., the petitioners of the Writ Applications) and other teachers of the concerned schools with effect from the date of the judgment together with all consequential benefits such as Provident Fund etc. A further direction was made to the effect that the Appellants herein must implement the said Judgment within two months from the date of production thereof. However, in so far as the prayer made to the effect that the State of Jharkhand should take over the Ram Kanali School is concerned, the learned single Judge did not pass any order.
(2.) IN CWJC No. 226 of 2000 (R) [subject matter of L.P.A. No. 548 of 2002], the petitioners therein, namely Ram Prakash Singh and others, prayed for an order/writ/direc - tion upon the appellants herein to fix their pay scale at par with the pay of Government Secondary School Teachers or at par with the Grade -I and Grade -II clerks of the appellants herein. They also made a prayer that the facilities such as Provident Fund, Gratuity, retirement benefits including pension should also be made available to them. A further prayer was made that the State should be directed to take over the management of Ram Kanali Middle -cum -High School under the provisions of the Bihar Secondary Board (Second Amendment) Act, 1980. In CWJC No. 321 of 1999 (R) [Subject matter of L.P.A no. 552 of 2002], the petitioners therein prayed for similar reliefs and also made a prayer that the agreement dated 04.05.1981 entered into between the appellants and the Rashtriya Colliery Mazdoor Sangh be ordered to be implemented. That agreement was contained in Annexure ''9 appended to the said Writ Application and it read 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 BCCL. It was agreed that with regard to such existing schools to which grants are already being given by BCCL., 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. Govt. of Bihar."
(3.) IN C.W.J.C. No. 2600 of 2000 (R) [Subject matter of LPA No. 553 of 2002], the sole petitioner, namely Umesh Jha prayed for regular pay scale with all consequential benefits at par with other permanent employees of the appellants following the doctrine of "Equal pay for equal work" and also, to pay arrears of salary since April, 1999 to March, 2000 out of the funds released against Grant -in -Aid.;


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