KOYALA MAZDOOR PANCHAYAT vs MINISTRY OF COAL
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 06.03.2025
+ W.P.(C) 5979/2019, CM APPL. 50403/2022
KOYALA MAZDOOR PANCHAYAT …..Petitioner
Through: Mr. B.S. Rajesh Agrajit, Adv.
versus
MINISTRY OF COAL …..Respondent
Through: Mr. Vikram Jetly, CGSC with Ms. Shreya Jetly, Adv. for UOI
Mr. Tarkeshwar Nath, Mr. Anant Dev, Adv. for SECL
CORAM:
HON’BLE MS. JUSTICE TARA VITASTA GANJU
TARA VITASTA GANJU, J.: (Oral)
CM APPL. 8891/2024 [For amendment]
1. This is an Application filed by the Petitioner seeking amendment in the present Petition.
2. Given the order the Court proposes to pass today, learned Counsel for the Petitioner seeks and is granted permission to withdraw the present Application.
3. The Application is accordingly dismissed as withdrawn.
W.P.(C) 5979/2019, CM APPL. 50403/2022 [For directions]
4. The grievance of the Petitioner, as articulated in the prayer of the present Petition, is to decide the Petitioners representation dated 10.01.2019 within a stipulated period. The prayer in the present Petition read as follows:
a. Issue a writ of mandamus or any other appropriate writ, order or direction as may be deem fit in the fact and circumstances of the present case and to decided petitioner representation dated 10.1.2019 within a reasonable stipulated period of time
5. Learned Counsel for the Respondent submits that the letter dated 10.01.2019 made by the Petitioner seeks a representation of the Petitioner/Organisation in Coal India Limited Management (CIL)/South Easter Coalfields Limited (SECL). Learned Counsel submits that the pursuant to Notice being issued in the matter, the comments from CIL/SECL were invited and those comments are yet to be received.
6. Given the pendency for the last six years and with the consent of the parties, the matter is taken up for hearing and final disposal today.
7. Accordingly, the following directions are passed:
(i) The Petitioner and/or his authorized representative will be given an opportunity to be present for a hearing on 19.03.2025 at 2:30 PM in the office of Sh. Bhabani Prasad Pati, Joint Secretary, Ministry of Coal, Room No.321, A Wing, Shastri Bhawan, Delhi;
(ii) The Petitioner is permitted to produce any additional facts or documents in support of his contentions, at the time of the hearing before the concerned Authority.
(iii) In the event, if it is deemed necessary, that there is a need for more than one hearing, the Petitioner and Respondent may mutually schedule such additional hearings amongst themselves as well;
(iv) In the event that there is any requirement for filing of additional documents or clarification, the Respondent shall ensure that these are obtained from the Petitioner expeditiously so as not to delay adjudication.
(v) Once the hearing in the matter is concluded, the Respondent shall pass a Speaking Order within a period of 12 weeks from the date of such hearing;
(vi) The Speaking Order shall be communicated to the Petitioner under acknowledged postal service and e-mail.
8. Needless to add, that in the event the Petitioner is aggrieved with the order passed by the Respondent, the Petitioner may take appropriate steps in accordance with the law. All rights and contentions of the parties are left open in this regard.
9. The present Petition is accordingly disposed of in the aforesaid directions. All pending Applications stand closed.
10. The parties shall act based on the digitally signed copy of the order.
CM APPL. 39303/2024 [For impleadment]
11. This is an Application filed by the Petitioner seeking impleadment of South Eastern Coalfields Limited (SECL) in the present Petition.
12. In view of the order passed by the Court today, the Application has become infructuous.
13. The Application is accordingly disposed of.
TARA VITASTA GANJU, J
MARCH 6, 2025/jn
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W.P.(C) 5979/2019 Page 1 of 4