Employer In Relation To The ... vs Their Workmen-Shahdeo Das
2021 Latest Caselaw 3135 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                W.P. (L) No. 2866 of 2021
        Employer in relation to the Management of Katras Area of
        M/s BCCL through its General Manager Shri Deoraj
        Katras, Dhanbad.......                             Petitioner(s)
                                   Versus
        Their Workmen-Shahdeo Das............                    Respondent(s)
                                   ......

Coram: Hon'ble Mr. Justice Ananda Sen Through:-Video Conferencing ......

        For the Petitioner                : Mr. A.K.Das, Advocate
        For the Respondents               : ----
                                    ......
3/26.08.2021     Counsel for the petitioner submits that the age of the petitioner

was recorded as 30 years as on 18.09.1990. Considering the aforesaid entry in the service record, his date of retirement was fixed. It is submitted that in the service record nowhere the workman has mentioned that he was a matriculate. He submits that at the fag end of his service carrier he objected the recording of the date of birth and on the basis of the matriculation certificate, he made a prayer to correct the same. He submits that the Tribunal without properly appreciating the law and the issue raised, has answered the reference in favour of the workman. The petitioner in support of his submission relies upon a judgment of the Hon'ble Supreme Court in the case of "Bharat Coking Coal Limited and Others- versus- Shyam Kishore Singh, reported in (2020) 3 SCC 411".

Issue notice to the respondent, for which requisite etc. under registered cover with A/D as well as through Ordinary process must be filed within three weeks.

I.A. No. 3981 of 2021 By filing this interlocutory application, prayer has been made to stay the operation of the impugned award dated 30.09.2020 as well as letter no. 2/(01)/2021.E-4 dated 17/18.05.2021 on the ground that a notice has been issued by the Assistant Labour Commissioner, (Central) Dhanbad-II, directing the petitioner to implement the award or a proceeding would be initiated under Section 29 read with Section 32 of the Industrial Dispute Act, 1947. The notice has been brought on record as Annexure-A to this interlocutory application.

Considering the aforesaid notice, the operation, implementation and execution of the impugned award dated 30.09.2020, passed in Reference Case No. 1 of 2019 and letter no. 2/(01)/2021.E-4 dated 17/18.05.2021, shall remain stayed till further orders.

Since, the order of stay has been passed exparte awaiting

appearance of the sole respondent, the sole respondent would be at liberty to file an application for modification/recall of this order of stay after he appears.

I.A. No. 3981 of 2021 stands disposed of.

(Ananda Sen, J) Mukund/-cp.2 IN THE HIGH COURT OF JHARKHAND AT RANCHI

..................... Petitioner(s) Versus State of Jharkhand & Ors............ Respondent(s) ......

Coram: Hon'ble Mr. Justice Ananda Sen Through:-Video Conferencing ......

           For the Petitioner                : Mr., Advocate
           For the Respondents               : Mr., Advocate
                                        ......
0/26.08.2021           The lawyers have no objection with regard to the proceeding,

which has been held through video conferencing today at 10.30 A.M. They have no complaint in respect to the audio and video clarity and quality.

Heard learned counsel for the petitioner and learned counsel for the respondents.

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(Ananda Sen, J) Mukund/-cp.2