COAL INDIA LTD. versus BIBHU RANJAN KUMAR

Citation: [2001] 1 S.C.R. 859 · Decided: 05-02-2001 · Supreme Court of India · Bench: D.P. MOHAPATRA · Disposal: Appeal(s) allowed

Judgment (excerpt)

COAL INDIA LTD. 
A 
v. 
BIBHU RANJAN KUMAR 
FEBRUARY 5, 2001 
[D.P. MOHAPATRA AND SHIVARAJ V. PATIL, JJ.] 
B 
Labour Law: 
Mines Rules, 1955: Rule 72(2J(b). 
c 
Welfare Officer (Trainee)-Appointment of-Eligible qualification-MBA 
degree with specialisation in "Personnel Management" duly recognised by 
Director General, Mines Safety (DGMS)-Candidate possessed a MBA degree 
with a special paper in "Personnel Management "-Such MBA degree not 
recognised by DGMS-Held: Candidate does not possess the prescribed D 
qualification under R. 72(2}(b)-Hence, not eligible for the post of Welfare 
Officer (Trainee). 
'.J-4. 
The respondent was an employee in the non-executive cadre of the 
appellant-company. The appellant invited application from its non-executive 
personnel who possessed MBA degree (two years course) with specialisation E 
in personnel management duly recognised by the Director General, Mines 
Safety (DGMS) for promotion to the post of Welfare Officer (Trainee). 
The respondent possessed a MBA degree (two years course) from a 
.)a 
university with a special paper in personnel management and, therefore, F 
claimed to be an eligible candidate for promotion to the executive cadre. The 
appellant-company rejected the respondent's claim. The High Court allowed 
the writ petition filed by the respondent. Hence this appeal. 
On behalf of the appellant it was contended that under Rule 72(2)(b) of 
the Mines Rules, 1955 in order to .be eligible for the post of Welfare Officer G 
(Trainee) a candidate must have MBA degree with specialisation in 
"Personnel Management" whirh was duly recognised by the DGMS; that the 
respondent's MBA degree was not recognised by DGMS and therefore, the 
respondent did not possess the eligible qualification for the post of Welfare 
Officer (Trainee). 
859 
H 
860 
SUPREME COURT REPORTS 
[2001] I S.C.R. 
A 
Allowing the appeal, the Court 
HELD : I. The respondent does not have a degree or post-graduate 
diploma in Sociology/Social Welfare/Work/Service/Science Techniques or 
Labour Laws/Welfare or Industrial Relations and Personnel Management. 
The qualification possessed by the respondent is MBA degree (two years 
B course) with "Personnel Management" as a special paper, which on a bare 
reading of Rule 72(2) (b) of the Mines Rules, 1955 does not come within the 
qualifications provided therein. 
·~~ 
2. It is not the case of the respondent that his MBA degree has been 
recognised by the Director General, Mines Safety (DGMS). Indeed, it is the 
C specific stand of the appellant that the said degree has not been recognised 
by the DG MS. Therefore, the respondent cannot be said to possess the eligible 
qualifications for the post of Welfare Officer (Trainee). 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. I 031 of 
D 2001. 
From the Judgment and Order dated 24.11.99 of the Calcutta High Court 
in G.A. No. 4468of1999. 
Ajit Kumar Sinha for the Appellant. 
E 
Rakesh Dwivedi and B.B. Singh for the Respondent. 
The Judgment of the Court was delivered by 
D.P. MOHAPATRA, J. Leave granted. 
F 
The short question that arises for determination in this case is whether 
the respondent possesses the prescribed qualification for holding the post of 
Welfare Officer (Trainee) under the appellant- company which is a Government 
Company. Tl>e question having been answered in the affirmative by the single 
Judge of the Calcutta High Court, vide the judgment dated 7.10.1999 in 
W.P.No.1449/97 which was con finned by the Division Bench vide the judgment/ 
G order dated 24.11.1999 in G.A.No.4468 of 1999, the company has filed this 
appeal by special leave. 
The relevant facts leading to the present proceeding may be stated 
thus: 
H 
The respondent Bibhu Ranjan Kumar holds a post in the non- executive 
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COAL INDIA LTD. v. B.R. KUMAR [D.P. MOHAPATRA, J.] 
861 
cadre of the company. The nianagement decided to promote qualified and A 
suitable persons in non-executive cadre to the executive cadre. By the letter 
dated 22.4.1997 addressed by the General Manager (Personnel) to the General 
Manager/Chief General Managers of different companies under the 
management of the appellant a request was made to send names of eligible 
departmental candidates for appointment to the post of Welfare Officer 
(Trainee). In the said letter it was specifically stated that the bio-data of the B 
non-executive personnel who possess MBA degree (two years course) with 
specialisation in personnel management duly recognis

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