Ashok Kumar Singh vs The Employer In Relation To The
2022 Latest Caselaw 550 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 (Civil Writ Jurisdiction)
               W.P. (L) No. 5571 of 2019
                        ........

Ashok Kumar Singh                     ....   ..... Petitioner
                             Versus
The Employer in relation to the
Management of Katras Area of
M/s Bharat Coking Coal Limited, Dhanbad    ..... Respondent

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

For the Petitioner : Mr. P.K. Mukhopadhyay, Advocate. For the Respondent : Mr. Vijay Kant Dubey, Advocate.

........

06/18.02.2022.

Heard, learned counsel for the petitioner, Mr. P.K. Mukhopadhyay and learned counsel for the respondent, Mr. Vijay Kant Dubey.

Petitioner namely, Ashok Kumar Singh has preferred this writ petition for quashing the Award dated 10.09.2014 passed by learned Central Government Industrial Tribunal No. 1, Dhanbad in Ref. No. 82 of 2001, whereby the learned Industrial Tribunal has recorded that Reference vide order No. L-12012/463/96/IR (C-1) dated 28.03.2001 has been received before the learned Tribunal on 03.04.2001 and during pendency of the case concerned, the sponsoring Union representative submits that workman is not interested to contest the case. It is felt that the dispute between parties is resolved. Hence "No dispute" award is passed.

Learned counsel for the petitioner has submitted that the name of petitioner stands at Sl. No. 3, who was Sweeper. He has been removed from the service in the year 1985. Reference was made and because of wrong submission of representative of Union, "No dispute" award has been passed, as such, the same may be quashed.

Learned counsel for the respondent, Mr. Vijay Kant Dubey appearing for the respondent - BCCL has submitted that it is a stale matter. The termination order of 1985, has been raised under the Industrial Disputes Act in the year 2001 and after 14 years, nobody took any interest in the said proceeding and on the submissions made by representative of the Union impugned order dated 10.09.2014 has

been passed. The learned Industrial Tribunal has decided the Reference as no dispute, which has been challenged before this Court without filing any protest petition before the learned Registrar, Trade Union and after 05 years, this writ petition has been filed on 30.09.2019, as such, considering it to be a stale matter in view of the judgment passed by the Apex Court in the case of Prabhakar Vs. Joint Director, Sericulture Department & Another reported in (2015) 15 SCC 1, this Court may dismiss the writ petition.

Considering the argument made on behalf of the parties and looking into material available on record, it appears that it is a stale matter and this Court is not inclined to interfere with the impugned Award.

Accordingly, the writ petition is dismissed.

(Kailash Prasad Deo, J.) Sunil/-