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Judgment
H.N. Nagamohan Das, J.—In this writ petition the petitioners have prayed for a writ in the nature of certiorari to quash the advertisement dated 24-9-2001, inviting the applications from eligible candidates to certain posts in the Central Laboratory situated Nagpur, for a writ of mandamus directing the respondents to absorb services of the petitioners with effect from 11-5-1989 and for a writ of mandamus restraining the respondents to shift the institute or its Central Laboratory from Kolar Gold Fields to Nagpur.
3rd respondent (hereinafter referred to as ''BGML'') is a company engaged in gold mining activity at Kolar Gold Fields (for short, ''KGF''). BGML had several departments and one such department was the Research and Development (for short, ''R and D Department''). This R and D Department consisted of research in rock mechanics, seismology, material testing and dust investigation. The Government of India with an object that results of activities of R and D Department of BGML are made available to several other mines situated in the country proposed to establish two institutes called National Institute of Rock Mechanics and National Institute of Minors Health. Accordingly the President of India accorded sanction for establishment of the institutes and consequently the same was registered under the Karnataka Societies Registration Act, 1960. As per the bye-laws of the institute, its management vest with the governing body. The governing body has the power to create and abolish posts and make recruitment. Further it is the governing body which is required to carry out the object of the institution. As per the bye-laws of the institute, its office is located at Kolar Gold Fields. The governing body of the institute in its meeting held on 20-9-1995 resolved to absorb the petitioners from the BGML to the institute. In this connection, the BGML addressed a letter to the 1st petitioner on 22-3-1999 to exercise his option for absorption in the institute. So also the institute by its letter dated 20-3-1999 intimated the petitioners to exercise the option for absorption in the institute on or before 24-3-1999. Accordingly, the petitioners exercised their option for absorption in the institute. Despite the option exercised by the petitioners the respondent-institute failed to absorb them. Hence this writ petition.
When the matter stood at that stage, the respondent-institute proposed to shift the institute from KGF to Nagpur and issued the impugned advertisement dated 10-10-2001 inviting the applications from eligible candidates to fill the vacant posts at Nagpur including the posts held by the petitioners. Petitioners being aggrieved by the shifting of institute and the impugned advertisement are before this Court.
Heard arguments on both the side and perused the entire writ papers.
It is not in dispute that the governing body of the institute in its meeting held on 20-9-1995 resolved to absorb the identified personnel from BGML to the institute as found Annexure-C to the writ petition. In this resolution, it is specifically stated the names of the petitioners who are the personnel of BGML to be absorbed by the institute. Further it is not in dispute that the BGML in its communication dated 22-3-1999 to the 1st petitioner directed him to exercise his option for absorption in the institute. So also the institute by its communication dated 20-3-1999 directed the petitioner to exercise his option if he is so willing on or before 24-3-1999. Petitioners contend that they have exercised their option for absorption in the institute. In support of this contention, the petitioners have produced Annexure-Q, dated 23-3-1999 which is a part of the 16th governing body proceedings of the institute. This document specifies that the petitioners have exercised their option for absorption in the institute. The respondent-institute in reply to the rejoinder filed by the petitioners admitted the option exercised by the petitioners as found at Annexure-Q to the writ petition. But the respondent-institute contends that the petitioners are taken on deputation from BGML with effect from l-5-1995.
In support of this contention the respondent-institute has not placed any material on record to prove and establish that the petitioners were taken on deputation from BGML. On the other hand, the correspondence between the respondent-institute and BGML and the petitioners clearly establishes that the petitioners have exercised their option for absorption in the respondent-institute. Therefore there is no justification on the part of the respondent-institute in not absorbing the services of the petitioners. In identical circumstances a Division Bench of this Court in W.A. No. 1471 of 1998 disposed on 22-9-2000 in respect of other employee by name K.K Gopichandra in the respondent-institute directed absorption and to pay the monetary benefits and the same had become final. Therefore, the petitioners are entitled for absorption and all consequential benefits.
Mining has been one of the oldest and most hazardous occupation known to mankind. The mining activity in the Kolar Gold Fields dates back to the year 1880. It is estimated that there are at least 42 mineral being mined in the country as of now. The increase in extensive mineral exploration and mining activity resulted in health hazards like respiratory diseases, skin diseases, diseases due to noise, vibration, poor illumination, parasitic infestation etc. Particularly the problem of reparable dust and occupational dust diseases of lung - the pneumoconiosis - poses a major threat. In order to prevent these health hazards and to ensure health of workers and environmental safety, the BGML created a department called R and D Department way back in the year 1940. The research carried out by this R and D Department of BGML covered occupational, radiological, pathological and dust control aspects of pneumoconiosis. In the year 1978 the International Labour Organisation Experts'' Mission recommended the good work done by the BGML and their rich experience and expertise of over 50 long years could provide an active and strong base for the development of industry-based research and training institute capable of extending country-wide services in the mining sector. On this subject the following committees confirmed the recommendation of International Labour Organisation (i) Posh Consultant Report; (ii) Jackobsen report; (iii) Sub-Committee report; (iv) Task Force Committee Report; (v) John''s Committee Report. Further these committees recommended the establishment of National institute at KGF as it is the most suitable and ideal location. The Secretary, Ministry of Steel and Mines Department, Government of India held a meeting on 28-7-1998 to set up National Institute of Miners'' Health at KGF. In this meeting the representatives of Department of Mines, Indian Council of Medical Research, Indian Bureau of Mines. Mineral Exploration Corporation Limited, Bharath Aluminium Company Limited, National Aluminium Company Limited, Hindustan Copper Limited, Hindustan Zinc Limited and Bharath Gold Mines Limited participated. After elaborate discussions this meeting resolved that technically it was advantageous to locate the National Institute at KGF as research work carried out by BGML covered occupational, radiological pathological and dust control aspects, where the records had been maintained over a long period.
The United Nations Development Programme Project Appraisal Committee in its meeting held on 28-8-1990 resolved that even if the mines were phased out, the institution at KGF would not suffer in any case. The institution has nothing to do with the fate of Kolar Gold Fields even deep mines are phased out. In terms of location, KGF has good infrastructure, long tradition of research work, nearer to major cities like Bangalore and Chennai etc. In the proposal submitted to the Government of India, it is stated as under:
Besides, Kolar Gold Fields, apart from its own gold mining activities being very close to iron mines in the south and bauxite and some copper deposits also having been found in the neighbouring areas was considered best-suited for locating such an institute. Further, KGF being situated very close to Bangalore it was also best-suited in view of the existing library facilities and that the Indian Institute of Science at Bangalore would service the purpose of interaction between/amongst the experts. In view of this, in principle, it has been decided by Government of India to establish an Institute of Miners'' Health at KGF, with occupational health coordinating cells designated in the various public sector organisations of the non-ferrous sector under the Department of Mines and possibly, the iron-ore and even in the coal sector later.
On the basis of these reports and recommendations, the President of India accorded sanction for setting up of National Institute of Miners'' Health at KGF. Thereafter the National Institute was formed and the same was registered under the Karnataka Societies Registration Act, 1960. As per Clause 2 of the registered bye-laws it is specified that the Registered Office of the society shall be situated in the State of Karnataka. Consequent to establishment of this National Institute, the BGML allocated 22 acres of land, two huge buildings, man power, equipments, data collected by them and other infrastructural facilities at the disposal of the institution. Already sufficient money has been spent for the development of the institute. As per Annexure-N the statement produced by the petitioners specifies that between February 1990 and January 2001, the institute has catered service to 41 clients earning an income of Rs. 17,34,142.
Further there were number of projects on hand when the writ petition filed in the year 2001. The governing body of the respondent-institute want to shift the institution from KGF to Nagpur. The 2nd respondent in the statement of objections contend that there are several administrative disadvantages if the institution is continued in KGF and on the other hand its location in Nagpur is more suited since all infrastructure is available and furthermore mines are situated in the vicinity. This contention of the respondents is not based on any report or data. Further no material is placed before the Court in support of this contention by the respondents. Therefore the proposed action of the respondents to shift the Registered Office of the institution from KGF to Nagpur is arbitrary and illegal and opposed to the registered bye-laws of the institute. However, the respondents are at liberty to start its branch or branches in any other place or places convenient to them.
For the reasons stated above, the following:
ORDER
(i) Writ petition is partly allowed;
(ii) Respondents are hereby directed to absorb the services of petitioners with effect from 11-5-1989 and to extend all consequential service benefits;
(iii) Respondents are hereby prohibited from shifting the Registered Office of the institute from KGF to Nagpur. Ordered accordingly.