Binod Kumar vs The State Of Jharkhand & Ors
2021 Latest Caselaw 4451 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI

                         [Civil Writ Jurisdiction]
                         W. P. (L) No. 1866 of 2020
             Binod Kumar                                     .... .. ...   Petitioner(s)
                                           Versus
             The State of Jharkhand & Ors.                         .. ... ... Respondent(s)
                                ...........

CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO [Through- Video Conferencing] .........

For the Petitioner(s) : Mr. Afaque Rashidi, Advocate.

           For the Resp./State              :    Mr. Ansuman Kumar, AC to SC (L&C)-II
           For the Res. 3 & 4               :    Mr. G. M. Mishra, Advocate
                                ..........

07 / 27.11.2021. Heard, learned counsel for the parties.

After some argument, Mr. G. M. Mishra, learned counsel appearing for the respondent- Tata Steel Ltd., has submitted that in the case of Engineering Laghu Udyog vs. Judge, Labour Court and Industrial Tribunal, reported in 2003(12) SCC at Para-11 even though the domestic enquiry has been held not to be proper, the opportunity has been given to the Management to adduce evidence to substantiate the order of dismissal. As such, he is not entitled for subsistence allowance, as the workman has been given liberty to adduce evidence with regard to rebuttal of the case of the Management.

Upon which, Mr. Afaque Rashidi, learned counsel appearing for the petitioner has submitted that this case may be adjourned for one week so as to prepare himself in the light of the judgment as referred above.

Considering the same, put up this case in the next week.

(Kailash Prasad Deo, J.) Sandeep/