The Hindu : Karnataka / Bangalore News : Court prohibits shifting of institute from KGF

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Karnataka

Karnataka - Bangalore

Court prohibits shifting of institute from KGF

Staff Reporter

Government had decided to shift the institute to Nagpur citing better facilities there

BANGALORE: In a landmark judgement, the Karnataka High Court has prohibited the Central Government and its authorities from shifting the National Institute of Miners’ Health from Kolar Gold Fields (KGF) in Karnataka to Nagpur in Maharashtra.

The court, however, permitted the Government to set up branches of the institute anywhere else.

Justice H.N. Nagmohan Das passed the order on petitions by several erstwhile employees of Bharat Gold Mines Limited (BGML). The mines have been closed down and the Government had taken a policy decision to shift the institute from KGF in Kolar district to Nagpur, citing better infrastructural facilities and better suitability.

Several former employees of BGML had challenged the shifting of the institute apart from its refusal to employ them on deputation from 1989.

The petitioners claimed that they had consented to a proposal to depute them to the institute. This was, however, not implemented. The petitioners said they had given several representations to the authorities to consider their claim for a job in the institute but in vain.

They had prayed to the court for quashing the September 29, 2001 order shifting the institute from Kolar to Nagpur and also an advertisement calling for recruitment of several posts in the institute. They said these were the very posts to which they had been deputed. But the institute had not considered them.

In his detailed order, the Judge said that BGML had set up a Research and Development (R&D) wing when it was in the business of gold mining. The R&D wing had under it sections relating to research in rock mechanics, seismology and material testing. Simultaneously, the Government has set up a National Institute of Rock Mechanics and National Institute of Miners’ Health in KGF.

Several committees had gone into the ideal location for the health institute and the authorities had zeroed in on KGF. After the institute was set up, the petitioners had agreed to be deputed to it in 1989 but there was no response from the institute. The petitioners then filed a writ in the High Court.

Partly allowing their writ, Justice Nagmohan Das prohibited the Centre from shifting the health institute. He directed the respondents to absorb the petitioners in the institute, with effect from May 11, 1989.

Dismissed

Justice N. Kumar on Wednesday dismissed a petition by a private company, Metal Closures, which had sought police protection to its gas filing plant on Kanakapura Road in Bangalore.

In its petition, the company said it had on July 8, 2003, entered into an agreement with Elf Gas India limited for supply and storage of LPG gas. On October 3, 2003, it said it had taken on lease land measuring 18,000 square feet from Shantarama Shetty and set up a gas plant there.

It said on April 27, 2004 the Bangalore police issued a no-objection certificate for the plant. Subsequently, the Department of Explosives, Chennai, issued a licence to the company for storing compressed gas in pressure vessels.

It said on April 8, 2008, several people tried to barge into the company premises and even tried to demolish the compound wall, claiming that the land belonged to them.

The company said though it had given representation to the police, no action had been taken. It urged the court to direct the police to provide protection.

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