Employers In Relation To The ... vs Sarita Devi
2022 Latest Caselaw 2802 Jhar

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     [Civil Writ Jurisdiction]
                          W.P.(L) No. 228 of 2018
       Employers in relation to the management of M/s ACC Ltd., Sindri Cement Works
       through its Director namely, Vaibhav Dixit, Sindri, Dhanbad .... .. ... Petitioner
                                  Versus
       Sarita Devi                                                 .. ... ... Respondent
                                  WITH
                            W.P.(L) No. 7203 of 2017
       Employers in relation to the management of M/s ACC Ltd., Sindri Cement Works
       through its Director namely, Vaibhav Dixit, Sindri, Dhanbad .... .. ... Petitioner
                                  Versus
       Sri Ranjendra Prasad                                        .... .. ... Respondent
                                  WITH
                            W.P.(L) No. 201 of 2018
       Employers in relation to the management of M/s ACC Ltd., Sindri Cement Works
       through its Director namely, Vaibhav Dixit, Sindri, Dhanbad .... .. ... Petitioner
                                  Versus
       Sri Ajit Singh                                              .... .. ... Respondent
                                    ...........

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

For the Petitioner : Mr. Rajiv Ranjan, Sr. Advocate Mr. Gaurav Abhisekh, Advocate For the respondents : Mr. Sarvendra Kumar, Advocate ......

15/ 21.07.2022.

Heard, learned counsel for the parties.

Learned Sr. counsel, Mr. Rajiv Ranjan, assisted by learned counsel for the petitioner, Mr. Gaurav Abhisekh has submitted, that Labour court has held in para 20 of the impugned award, that the domestic enquiry was fair and proper, but even then in contrary to the judgment passed by Division Bench of this Court, in the case of Management of M/s Usha Breco Ltd. vs. Presiding Officer and Ors., passed in L.P.A. No.348 of 2000, which has been affirmed by the Apex court in the case of Usha Breco Mazdoor Sangh vs. Management of Usha Breco Limited and another, reported in 2008 (5) SCC

554. The learned Tribunal has set aside the order of dismissal, though if the domestic enquiry was fair, the learned Tribunal has limited scope to examine the same, under Section 11A of the Industrial Dispute Act, with regard to proportionality of the punishment.

Learned Sr. counsel for the petitioner has further submitted, that Lower Court Record may be called for, so as to verify that the domestic enquiry, as held by the Labour Court to be fair and proper. Learned counsel for the respondents, Mr. Sarvendra Kumar has submitted, that in the meantime, the application filed under Section 17B of the Industrial

Dispute Act vide I.A. No.9274 of 2019 in W.P.(L) No.7203/2017 and I.A. No.1303 of 2020 in W.P.(L) No.201/2018 may be allowed, so as to make payment of full wages under Section 17B of the Industrial Disputes Act, 1947, based on last drawn salary by the respondents, during pendency of the writ petitions.

Learned counsel for the respondents has further submitted, that LCR may be called for, but no order may be passed with regard to stay. Learned Sr. counsel, Mr. Rajiv Ranjan, assisted by learned counsel for the petitioner, Mr. Gaurav Abhisekh has no objection. Considering the same, the Interlocutory application vide I.A. No.9274 of 2019 in W.P.(L) No.7203/2017 and I.A. No.1303 of 2020 in W.P.(L) No.201/2018 are hereby allowed I.A. No.1302 of 2020 in W.P.(L) No.228/2018 is dismissed as not pressed. Let all the matters appear on 25.08.2022.

In the meantime, office is directed to call for LCR.

(Kailash Prasad Deo, J.) R.S.