M/S Bharat Coking Coal Limited vs Union Of India & Ors
2021 Latest Caselaw 3726 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI

                     [Civil Writ Jurisdiction]
                     W. P. (L) No. 2599 of 2019
        M/s Bharat Coking Coal Limited                  .... .. ...          Petitioner(s)
                                      Versus
        Union of India & Ors.                                     .. ... ... Respondent(s)
                           ...........

CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through :-Video Conferencing) .........

For the Petitioner(s) : Mr. Anoop Kumar Mehta, Advocate. For the Respondent(s) : Mr. Vikash Kumar, AC to ASGI ..........

06 / 30.09.2021. Heard, learned counsel for the petitioner, Mr. Anoop Kumar Mehta and learned counsel for the respondent(s)- Mr. Vikash Kumar.

Learned counsel for the petitioner, Mr. Anoop Kumar Mehta has submitted that the instant Writ Petition has been filed for protection of the high officers /officials of the M/s B.C.C.L. from the prosecution under Section 29 of the Industrial Disputes Act, 1947, for non-compliance of Award passed by the learned Tribunal.

Learned counsel for the petitioner, Mr. Anoop Kumar Mehta has further submitted that every time M/s B.C.C.L. is providing list of the Heads of the Department before the Regional Labour Commissioner/Deputy Chief Labour Commissioner (Central), but at the end of the Award, it has been found that every time the notice under Section 29 of the Industrial Disputes Act, 1947 is being issued upon the Chairman cum Managing Director (Director Personnel) with other officers/officials such as General Manager (P & IR), having Corporate office at Koyla Bhawan, Koyla Nagar, Dhanbad, The General Manager, Sijua Area of M/s BCCL, P.O.- Sijua, District- Dhanbad and the Project Officer, Basudeopur Colliery of M/s BCCL, P.O.- Bansjora , Disrict- Dhanbad though the post of head of the Department has already been provided before them, but unnecessary other officers are dragged in such cases.

Learned counsel for the petitioner, Mr. Anoop Kumar Mehta in support of his submission has placed reliance upon the judgment passed by the Co-ordinate Bench in Kedar Nath Mukhopadhyay vs. State of Jharkhand, reported in 2008(2) JLJR 447 and in the case of M/s Bharat Coking Coal Ltd., Dhanbad & Ors. vs. State of Jharkhand & Anr., reported in 2013 (4) JCR 230 and submitted that such protection may be granted to the high officials/officers of the M/s BCCL from notice of prosecution under Section 29 of the I.D. Act, 1947.

Mr. Vikash Kumar, learned counsel appearing for the Union of India has submitted that Annexure-5 is with regard to non-implementation of the Award in Reference No.7/2015 dated 16.08.2016 in respect of Sri Ramesh Turi, by the Management of Basudeopur Colliery under Sijua Area of M/s BCCL and from Annexures-1 to 4, it would be apparent that Area CGM and GM of the concerned area are the Head of the Department in the list furnished by the petitioner.

Learned counsel for the Respondent, Mr. Vikash Kumar has further submitted that until and unless the copy of the Award dated 16.08.2016 passed in Reference No.7/15 is brought on record, it will be very difficult for the respondent to assist this Court in proper adjudication of the matter.

Learned counsel for the Respondent, Mr. Vikash Kumar has further submitted that a blanket order cannot be passed by any Court of Law without recording the reference of protection granted in the same case, as such, the petitioner may be directed to file the copy of the Award dated 16.08.2016 passed in Reference No.7/15.

Mr. Anoop Kumar Mehta, learned counsel for the petitioner has submitted that two weeks' time may be granted to file the Award dated 16.08.2016 passed in Reference No.7/15.

Considering the same, two weeks' time is granted enabling learned counsel for the petitioner to file the said Award.

(Kailash Prasad Deo, J.) Sandeep/