Hemlata Pradhan vs The State Of Jharkhand
2021 Latest Caselaw 136 Jhar

                                 1

       IN THE HIGH COURT OF JHARKHAND AT RANCHI

                    W.P.(C) No. 3862 of 2020
 Hemlata Pradhan                                 ...   ...        Petitioner
                                 Versus
1. The State of Jharkhand
2. The Deputy Commissioner, Seraikella-Kharsawan
3. The Certificate Officer, Seraikella-Kharsawan
                                             ...   ...Respondents

CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner :- Mr. Apurva, Advocate For the Respondents :- Ms. Priyanka Boby, A.C. to G.A.-I

Order No. 02 Dated: 11.01.2021 The present case is taken up through video conferencing.

2. The present writ petition has been filed for issuance of direction upon the respondent no. 3- the Certificate Officer, Seraikella- Kharsawan to pass appropriate order in Misc. Case No. 01 of 2013-14 which is pending before the said authority since long.

3. Learned counsel for the petitioner submits that the petitioner along with her daughter Khushbu Pradhan filed W.C. Case No. 16 of 2011 in the Labour Court, Jamshedpur seeking death compensation of her husband Pankaj Kumar Pradhan. The said case was disposed of by the Presiding Officer, Labour Court, Jamshepur vide judgment dated 26.04.2013 directing the opposite party nos. 1 and 2 of the said case namely K.K. & Company, Bara Gamharia, Motinagar, District- Seraikella-Kharsawan and Rashmi Metalics Ltd., Kolkata, respectively, to pay death compensation of Rs.5,19,950/- to the petitioner and her daughter within 60 days from the date of the said order failing which the said opposite parties were made liable to pay interest @ 9% per annum on the compensation amount from the date of accident i.e., w.e.f. 06.06.2010 till final payment. Since the petitioner was not paid any such compensation, a requisition for initiation of certificate case was filed by the Presiding Officer, Labour Court-cum-W.C. Commissioner, Jamshedpur before the Certificate Officer, East Singhbhum, Jamshedpur for recovery of the said amount with interest up to 05.06.2013 (total amount Rs.6,59,836/-) from M/s. K.K. & Company and Rashmi Metalics Ltd., which was registered as Misc.

Case No. 01 of 2013-14. The limited grievance of the petitioner is that the said case has not yet been disposed of by the respondent no. 3 despite the fact that the same is pending for several years.

4. Having heard the learned counsel for the parties and keeping in view the limited prayer of the petitioner made in the present writ petition, the respondent no. 3 is directed to expedite the hearing of Misc. Case No. 01 of 2013-14 and to dispose of the same in accordance with law after providing due opportunity of hearing to the concerned parties, within four months from the date of receipt/production of a copy of the this order.

5. The writ petition is accordingly disposed of with aforesaid direction.

(Rajesh Shankar, J.) Ritesh/