The Project Officer vs Sri Falhari Rajak & Anr
2021 Latest Caselaw 252 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                             W.P.(L). No. 2528 of 2019

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The Project Officer, Maheshpur Colliery under Govindpur Area No.III of M/s Bharat Coking Coal Limited ... ... ...Petitioner

-Versus-

Sri Falhari Rajak & Anr. .... ...Respondents

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                CORAM:                THE HON'BLE MR. JUSTICE DR. S.N.PATHAK
                                      (Through: Video Conferencing)
                For the Petitioners           :
                                            Mr. A.K. Mehta, Advocate
                For the Resp. No.2            :
                                            Mr. Prashant Vidyarthi, Advocate
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04/ 18.01.2021        In view of outbreak of COVID-19 pandemic, case has been taken up

through Video Conferencing. Concerned lawyers have no objection with regard to the proceeding, which has been held through Video Conferencing today at 10:30 A.M. onwards. They have no complaint in respect to the audio and video clarity and quality.

Mr. A.K. Mehta, learned counsel for the petitioner challenges the impugned Award on the ground that learned Tribunal has exceeded its jurisdiction while entertaining the application of the respondent-workman filed under Section 33-C () of the Industrial Disputes Act, 1947. He places heavy reliance on the reported judgment of Hon'ble Apex Court in case of A.K. Bindal & Anr. Vs. Union of India & Ors., reported in 2003 (5) SCC 163.

Issue notice to the respondent No.1, for which requisites etc. under registered cover with A/D as well as Ordinary Process must be filed, within a period of three weeks.

Put up this case after eight weeks'.

The operation, implementation and execution of the impugned Award dated 24.09.2018 passed in M.J. Case No.37/2010 (Annexure-3) is hereby stayed till appearance of the respondent No.1.

(Dr. S.N. Pathak, J.) punit/-