N.N. Tiwari, J. - (1.) IN this writ petition, the petitioner has sought a direction on the respondents to abstain from removing new Laikadih Open Cast Project Weighbridge in view of the agreement dated 28th February. 2001.
(2.) THE petitioner -Jharkhand General Mazdoor Union/Coal Mines Worker Union is a registered union 182 members of the Union are engaged in loading of coal for the last 20 years. There was an agreement between the Management of M/s. Bharat Coking Coal Ltd. (for short BCCL) and the Union by which the members of the Union were allowed to continue as DC Loaders. Now the weighbridge where the members of the Union were loaders have been sought to be shifted to Dahi Bari Open Cast Project. According to the petitioner, the same is against the terms of the agreement and the respondents are liable to be restrained by an appropriate writ of this Court. A counter affidavit has been filed on behalf of the Management -BCCL, stating, inter alia, that the relief sought for by the petitioner on the basis of the terms of the agreement is not tenable and this writ petition is not maintainable. It has been stated that the matter relates to shifting of New Laikadih Open Cast Project Weighbridge (Road Sale) C/V Area of BCCL to Dahi Bari Open Cast Project. The weighbridge, which is located at New Laikadih Open Cast Project, now caters to the need of Dahi Bari Open Cast Project. The road sale trucks loaded at Dahi Bari Open Cast Project were weighed at that weighbridge. The distance of the weighbridge from Dahi Bari Open Cast Project is about 5 KMs. In between Dahi Bari Colliery and the weighbridge, which is beyond the mining area of Dahi Bari Colliery, there are small villages. As a result, often pilferage of coal takes place in between the colliery and the weighbridge. The trucks after loading from the colliery can also take another route without going through the weighbridge and cross the State Boarder to enter in the State of West Bengal. New Laikadih Open Cast Project has been now closed and the weighbridge is kept operational in order to weigh the coal, which has been extracted from Dahi Bari Colliery. The weighing machine at New Laikadih Open Cast Project, which has been sought to be removed is an old one of old technology. The respondents have set up a new weighing machine within the mining area of Dahi Bari Open Cast Project, which is an electronic one. The petitioner's intention is to obstruct the operation of the electronic weighbridge of Dahi Bari Open Cast Project for ulterior end. It has been stated that there was no agreement to not shift the weighbridge.
(3.) I have heard learned Counsel for the parties and considered the facts and materials on record. The petitioner has sought a direction/writ for restraining the respondents to not shift the weighbridge on the basis of the agreement dated 28th February, 2001. The said agreement has been brought on record as Annexure -2. On going through the said annexure, I do not find any such specific term or agreement for not shifting the weighbridge or not to convert the old weighbride into electronic weighbridge. The claim of the petitioner is, thus, not supported by the said agreement.;