Central Coalfields Limited vs Deputy Chief Labour Commissioner ...
2022 Latest Caselaw 1955 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        [Civil Writ Jurisdiction]
                               W.P.(L) No. 678 of 2022
         Central Coalfields Limited                                        .... .. ... Petitioner
                                    Versus
         Deputy Chief Labour Commissioner (C), Dhanbad & Ors.              .. ... ... Respondents
                                     ...........

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

         For the Petitioner                            : Mr. Vijay Kant Dubey, Advocate
         For the UOI                                   : Ms. Shivani Jaluka, AC to ASGI
                                             ......

03/ 12.05.2022. Heard, learned counsel for the parties.

Learned counsel for the petitioner, Mr. Vijay Kant Dubey has submitted that respondent no.3- Lal Mohan Ganjhu, S/o Bhikan Ganjhu, Sr. Overman T&S Gr- A, Form- B No.2682, PIS No.11317534, CMPF A/C No.RMG/36-4320 of Topa Colliery, Kuju Area has been dismissed in terms of Letter under Reference No.Topa/ PO/PD/Dismissal/2017/3036 dated 16.12.2017 by the competent authority. By the impugned order, the Deputy Chief, Labour Commissioner (Central), Dhanbad & Appellate Authority under Payment of Gratuity Act, 1972 passed an order on 16.08.2021 passed in P.G. Appeal No. (26)/ 2020 A-7, arising out of order dated 25.02.2020 in P.G. Application No.36(48)/ 2017 passed by Controlling Authority under Payment of Gratuity Act, 1972 and Asstt. Labour Commissioner (Central), Hazaribagh whereby the petition has been allowed directing the CCL to pay a sum of Rs.10 lacs within a period of 30 days.

Learned counsel for the petitioner, Mr. Vijay Kant Dubey has relied upon the judgment passed by Apex Court in the case of Chairman-cum-Managing Director, Mahanadi Coalfields Limited vs. Rabindranath Choubey reported in 2020 SCC OnLine SC 470.

Learned counsel for the respondent, Ms. Shivani Jaluka, AC to ASGI is present.

Considering the same, let notice be issued upon respondent no.3- Lal Mohan Ganjhu, S/o Bhikan Ganjhu, R/o Topa Colliery, B- Type, P.O. Topa Colliery, P.S. Topa Colliery, District- Ramgarh (Jharkhand) under speed post for which requisites etc. must be filed within a period of one week after summer vacation. Awaiting service report, the operation of the impugned order shall remain stayed.

Office is directed to track the speed post.

Put up this case after service of notice.

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