- (1.) THE petitioners have preferred this writ petition with a prayer to quash the order dated 22nd April, 2000, passed by the Mines Commissioner, Bihar, Patna, wherein, inter alia, it has been observed that the representationists -cum -writ petitioners herein are not entitled to any parity of pay scale in view of the discussions, made in the aforesaid letter, and, accordingly, held that their representations deserve to be dismissed. Further prayer has been made to declare the set of rules under which the service conditions of the employees of Koderma Mica Unit of the Bihar State Mineral Development Corporation is to be regulated in respect of payment of salary of the petitioner or in the alternative, the petitioners have prayed to allow the pay scales at par to the similarly situated employees of the respondent -Corporation on the principle of "equal pay for equal work" and further to pay the arrears of salary with effect from 9th March, 1986 till date as per the policy decision adopted under the orders passed by this Court.
(2.) ACCORDING to the petitioners, they were the employees of erstwhile Company i.e. M/s Eastern Manganese and Minerals Pvt. Ltd., Koderma and the mines operated by the said Private Company were taken over by the erstwhile State of Bihar with effect from 9th March, 1986 under the order dated 27th August, 1985 passed by Hon'ble Supreme Court of India in Civil Appeal Nos. 3013 -18 and 2116 of 1982, which is annexed as Annexure -1 to the writ petition. Even after the take over the petitioners were paid on daily rate wages. The petitioners submit that the State of Bihar and Others had appealed in the Hon'ble Supreme Court of India through Civil Misc. Petition NO.35248 -54 of 1985 in respect of the affairs of the Mica Mines situated in and around Koderma District which were under the possession of the then private company under the name and style of M/s Eastern Manganese and Minerals Pvt. Ltd., Koderma. The Hon'ble Supreme Court was pleased to order vide its interim direction dated 27.9.1985 that (a) the applicant corporation Bihar State Mineral Development Corporation, Ranchi be added as a party in Civil Appeal Nos. 3013 -3018 of 1982 and in Civil No. 2116 of 1982, and (b) the Receiver appointed under order by the High Court of Calcutta or the payment of wage authority, Koderma are discharged and the State of Bihar is entitled to take possession of Mines and to deal with them in accordance with law.
(3.) ACCORDING to the petitioners, the erstwhile Government of Bihar passed an order vide Memo No. 7608(M) Patna dated 26th December 1986, wherein, the State Government decided to handover the management of Mica Mines and its mining operations to the Bihar State Mineral Development Corporation for and on behalf of the Government of Bihar. Earlier the employees of Koderma Mica Unit had grievances with the Management of Bihar State Mineral Development Corporation with regard to payment of salary and parity of pay scales and the same was turned down by the Mines Commissioner, Bihar, Patna, vide its order dated 22nd April, 2000, which is sought to be challenged in this writ petition.;