M/S. Tenughat Vidyut Nigam ... vs State Of Jharkhand & Ors
2022 Latest Caselaw 2099 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       (Civil Writ Jurisdiction)
                      W.P.(L) No. 641 of 2022
                              ........

M/s. Tenughat Vidyut Nigam Limited (TVNL) .... Petitioner Versus State of Jharkhand & Ors. ..... Respondents

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

For the Petitioner : Mr. R. S. Mazumdar, Sr. Advocate.

: Mr. Rohan Mazumdar, Advocate.

For the respondent/State : Mr. Deepankar, A.C. to A.G.

..........

02/08.06.2022.

Learned senior counsel for the petitioner, Mr. R. S. Mazumdar assisted by learned counsel, Mr. Rohan Mazumdar has submitted, that Original Case No. PW No.04/2015 was dismissed for non-prosecution on 13.09.2017, but the same has been restored without giving opportunity to the petitioner, relying upon the judgment passed by the Hon'ble Apex Court on 10.01.2020 passed in Suo-motu Writ Petition (Civil) 3 of 2020, which is not applicable for the case dismissed for non-prosecution in the year, 2017, as such, the impugned order passed in Misc. Case No.25/2021(R) for restoration of PW No.04/2015 is bad in law.

Learned senior counsel for the petitioner, Mr. R. S. Mazumdar has further submitted, that the State is represented by the Advocate General. So far private respondent Nos.2, 3, 4 and 5 are concerned, he is ready to serve personal notice upon them.

Learned counsel for the respondent/State, Mr. Deepankar, A.C. to A.G. has submitted, that notice may be issued to the private respondents.

Considering the same, let notice be issued to the private respondents under Speed post, for which requisites etc. must be filed within one week.

Office is directed to track the speed post. In addition to speed post petitioner is at liberty to serve personal notice upon the private respondents.

Put up this case on 20.07.2022 under the same heading. Till appearance of the respondent Nos.2 to 4, the Presiding Officer, Labour Court, Ranchi is directed, not to proceed in PW No.04/2015.

Let a copy of this order be communicated to the Presiding Officer, Labour Court, Ranchi through 'FAX' /E-mail at once.

(Kailash Prasad Deo, J.) Jay/