Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the petitioner and counsel for Union of India.
(2.) Petitioner has made three prayers in relation to his grievances, which are quoted hereunder: "(A) For direction upon respondent No. 1 & 2 to affirm, confirm and convey to respondent No. 3,4,5 and 6 that the provisional certificate of overman's competency certificate granted to petitioner by respondent No. 2 under the Coal Mines Regulation Act 1957 (Annexure No. 2) is well recognized certificate as good as original and the said provisional certificate has got same value and same force as original certificate for all purposes. (B) For direction upon Respondent No. 3, 4, 5 and 6 to accept the provisional certificate of the petitioner granted by respondent No. 2 and treat the same as good as original certificate and give him all consequential benefits from the date of production of said provisional certificate in compliance of clause 3 of the terms and conditions of petitioner's appointment letter No. -GMDC/PE:12011: 97 -98 dated: 19th December 1997 (Annexure -1) and accordingly place him in grade of overman/Mine Surveyor in scale of Rs. 2200 -4000 with effect from the date of production of said certificate i.e. 16.04.1998 with all consequential benefits. (C) For quashing and setting aside the acceptance of forced resignation of the petitioner vide letter No. GMDC/HR/7868/2011 -12 dated 19/10/2011(Annexure -45) issued by Respondent No. 3 which was an outcome of the forced resignation and constructive dismissal of the petitioner from service under compelling circumstances created by Respondent No. 3, 4, 5 and 6 by which petitioner was forced to resign vide his conditional resignation letter dated 30.09.2011 (Annexure -44) which was the outcome of petitioner's protest, anguish and disappointment for non consideration of his provisional certificate granted by the Respondent No. 2 (Annexure -2) and not giving him benefits from the date of production of said provisional certificate i.e. 16.04.1998 and thereafter petitioner was forced to work under his juniors under coercive and humiliating condition continuously for last 12 years leaving no option left to petitioner but either to continue in service under said humiliating condition or resign from the service."
(3.) Learned counsel for the petitioner has taken efforts to justify the invocation of the jurisdiction of this Court by submitting that it is the dispute relating to the provisional certificate of Overman's Competency Certificate granted by respondent No. 2 i.e., Board of Mining Examination under Directorate General of Mine Safety, Dhanbad (Jharkhand) which is the genesis of all other grievances relating to the service of the petitioner and forced resignation to his employer. Petitioner claims to have been appointed under Gujarat Mineral Development Corporation Ltd. on the post of Junior Mining Engineer Trainee as per Annexure -1, appointment offer dated 19th December, 1997. The requirement of submission of certificate of overman as per Clause 3 of the appointment offer was also complied with by the petitioner by production of provisional certificate of overman issued by respondent No. 2 which is at Annexure -2 dated 20th March, 1998.;