General Manager vs Fakira Dusadh
2021 Latest Caselaw 4075 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                (Civil Writ Jurisdiction)
               W.P. (L) No. 2749 of 2020
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General Manager, Lodna Area, Bharat Coking Coal Limited, Dhanbad ..... Petitioner Versus Fakira Dusadh .... ..... Respondent

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO ............

For the Petitioner : Mr. Anoop Kr. Mehta, Advocate.

Mr. Amit Kumar Sinha, Advocate.

For the Respondent : Mr. Shekhar Pd. Sinha, Advocate.

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05/28.10.2021.

Learned counsel for the petitioner, Mr. Anoop Kumar Mehta assisted by learned counsel, Mr. Amit Kumar Sinha has submitted that without having pre-existing benefits and award, the learned Tribunal has initiated M.J.Case No. 34/2014 and passed judgment on 10.11.2015 directing the Opposite Party / General Manager, Lodna Area, Bharat Coking Coal Limited, Dhanbad (Employer) to pay full back wages with all consequential benefits for the period from 04.08.2013 to 05.03.2014 to the applicant - Fakira Dusad with simple interest @ 12% per annum from due date till the date of actual payment within 60 days from passing of the order, failing which, the opposite party / Employer will be liable to pay the said amount along with simple interest @ 15% per annum from the expiry of said 60 days till the date of actual payment.

Learned counsel for the petitioner has further submitted that the cost of litigation to the tune of Rs. 25,000/- has been imposed upon the opposite party / Employer.

Learned counsel for the petitioner has submitted that in view of judgment passed by the Apex Court in the case of State of U.P. and Another Vs. Brijpal Singh reported in (2005) 8 SCC 58 and in the case of U.P. State Road Transport Corporation Vs. Birendra Bhandari reported in (2006) 10 SCC 211, there was no pre-existing benefit or award in favour of the Workman, as such, impugned award is wholly without jurisdiction passed under Section 33-C (2) of the Industrial Disputes Act.

Learned counsel for the respondent, Mr. Shekhar Pd. Sinha has submitted that though he has put his appearance in this case on 24.09.2021, but he requires four weeks' time to file counter affidavit.

Considering such submission made by learned counsel for the respondent, let the matter appear after four weeks.

In the meantime, interim order dated 25.08.2021 shall continue.

(Kailash Prasad Deo, J.) Sunil/-