IMPORTANT POINT
Management's promotion decision violated Article 14 by lacking rational classification and bypassing established promotion channels under the National Coal Wage Agreement.

ORDER :

(Rakesh Mohan Pandey, J.) :

1. Since the common questions of facts and law are involved in these writ petitions, they are clubbed together, heard together and finally disposed of by this common order.

2. The petitioners have challenged the scheme framed by SECL for the promotion of private respondents dated 15.02.2013 (Annexure P/1), in which private respondents were promoted to the post of Data Entry Operator (Technical and Supervisory) Grade “B” vide Order dated 26.10.2013 (Annexure P/2) in WPS No. 992 of 2014.

3. The facts of the present cases are that initially, the petitioners were appointed to the post of Data Entry Operator (Technical and Supervisory) Grade “E” in the year 2012. Thereafter, they were promoted to the post of Grade “D” and then Grade “C”. The consideration of promotion to the next higher post was ‘seniority-cum-merit’ for the Technical and Supervisory Grade “C” to “B”, whereas from Grade “B” to Grade “A” was ‘merit-cum-seniority’. The petitioners were waiting for their promotion from grade ‘C’ to grade ‘B’, but surprisingly, vide 504th meeting of the Management dated 31.12.2012, a decision was taken to promote departmental candidates directly in the Technical and Supervisory (T & S) Grade “B” and Technical and Supervisory (T & S) Grade “C” based on the qualification of Bachelor of Engineering (B.E.)/Diploma by ignoring the promotional channel provided in the Cadre Scheme of the National Coal Wage Agreement. The decision was approved by the Board of Directors on 15.02.2013 (Annexure P/1), the respondent authorities called for information from different areas of the department for the promotion of the departmental candidates who were appointed in Category I as dependent under the National Coal Wage Agreement (NCWA) and land oustees for their placement based on Engineering degree/Engineering diploma in Mining, Civil Electrical, Mechanical, Electronics & Telecommunications, Chemical, Computer Science/Information Technology. The petitioners challenged the decision taken by the Management dated 31.12.2012 and its approval dated 15.02.2013 by filing WPS No. 1079 of 2013 and other connected matters. An interim order was passed in WPS No. 1079 on 31.07.2013 and the respondent authorities were restrained from giving effect to the recommendation to the extent of filling up posts of Data Entry Operator Grade “C”. Later on, another application for grant of interim relief was moved and the order of promotion/appointment pursuant to the scheme was stayed to the Grade “B” vide Order dated 11.11.2013, but prior to that date, the respondent authorities had implemented their policy and the private respondents were promoted to Data Entry Operator (T & S) Grade “B” vide Order dated 26.10.2013. The petitioners have challenged the policy decision taken by the respondent authorities and the order of promotion by filing these petitions.

4. Mr. Anurag Dayal Shrivastava, the learned counsel appearing for the petitioners submitted that the service conditions of the petitioners are governed under the recommendations of the Central Wage Board for the Coal Mining Industry. He further submitted that the wage structure and other conditions of service of the employees in the coal industries governed under the National Coal Wage Agreement (NCWA) and the settlement in terms of sub-section 3 of Section 18 of the Industrial Dispute Act, 1947 (hereinafter referred as “the Act, 1947”) are binding on all the parties to the industrial dispute. He also submitted that the Cadre scheme framed under the NCWA for promotion from the post of Junior Data Entry Operator Grade “E” to Grade “D”, from Grade “D” to Grade “C”, from Grade “C” to Grade “B” and from Grade “B” to Grade “A”, the minimum criteria for promotion is ‘seniority-cum-merit’ from the Technical and Supervisory Grade “D” to Grade “B” and ‘merit-cum-seniority’ for promotion from Grade “B” to Grade “A”. It is further contended that the employees of SECL, who are holding the post of Data Ent