Kamal Prasad Mehta vs Employers In Relation To ...
2022 Latest Caselaw 2070 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  (Civil Writ Jurisdiction)
                 W.P. (L) No. 556 of 2020
                         ........

Kamal Prasad Mehta .... ..... Petitioner Versus Employers in relation to Management of Tata Steel Limited, Dhanbad & Others ..... Respondents

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

For the Petitioner : Mr. Kalyan Roy, Advocate Mr. Shashi Bhushan Sah, Advocate.

For the Respondents : Mr. Ankit Vishal, A.C. to Mr. Indrajit Sinha, Advocate.

........

06/07.06.2022.

Heard, learned counsel, Mr. Kalyan Roy assisted by learned counsel for the petitioner, Mr. Shashi Bhushan Sah and learned counsel, Mr. Ankit Vishal, A.C. to learned counsel for the respondents Mr. Indrajit Sinha.

Learned counsel for the petitioner has submitted, that the award has been passed in favour of the workman in terms of award dated 28.02.2012 in Ref. Case No. 22/2009 by Central Government Industrial Tribunal No. 1, Dhanbad, whereby the reinstatement of the petitioner along with 50% back wages has been awarded by the learned Tribunal Learned counsel for the petitioner has further submitted, that the Employers in relation to Management of Tata Steel Limited has preferred writ petition before this Court vide W.P. (L) No. 3306/2012, which was disposed of by the Coordinate Bench of this Court in terms of judgment dated 20.08.2018 by modifying the award. Against the order of the learned Single Judge, the Employers in relation to the Management of Tata Steel Limited has preferred L.P.A. No. 144/2019, which was referred before JHALSA on the joint prayer of parties.

Learned counsel, Mr. Ankit Vishal, A.C. to learned counsel for the respondents, Mr. Indrajit Sinha has submitted, that though the L.P.A. No. 144/2019 is pending before the JHALSA, but the present writ petition has been filed after nine years and that too after modification of the award by the learned Single Judge, as such, the writ petition is not maintainable.

Be that as it may, since the same issue is referred by the Hon'ble Division Bench of this Court before the JHALSA, as such, the present writ petition is also referred before the JHALSA, Ranchi.

Let the matter be listed under the same heading after receipt of the report from the JHALSA.

(Kailash Prasad Deo, J.) Sunil/-