Jharkhand High Court
Sri Vinod Ravidas ... vs The State Of Jharkhand Through The ... on 16 August, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Letters Patent Appellate Jurisdiction)
LPA No. 258 of 2022
1.Sri Vinod Ravidas (Sweeper/Labour), s/o Late Panu Rabidas, aged about
39 years, r/o village Kharnagorha, PO &PS Saraidhela, District Dhanbad
2.Sri Dilip Kumar Modak (Labour), s/o late Hari Modak, aged about 53
years, r/o village Sawalpur, PO Gosaidih, PS Govindpur, District Dhanbad
3.Raj Kumar Rabidas (Sweeper/Labour), s/o late Panu Rabidas, aged about
37 years, r/o village Kharnagarha, PO&PS Saraidhela, District Dhanbad
4.Dinesh Kumar Basphore (Sweeper/Labour), s/o Prem Lal Basphore, aged
about 34 years, r/o Murlinagar, PO Koyla Bhawan, PS Saraidhela, District
Dhanbad
5.Sri Ramesh Rabidas (Sweeper/Labour), s/o late Golak Rabidas, aged
about 42 years, r/o Deoli, PO Jangalpur, PS Govindpur, District Dhanbad
......Appellants
Versus
1.The State of Jharkhand through the Principal Secretary, Health & Medical
Education Department, Government of Jharkhand, Ranchi, Project Building,
Dhurwa, PO & PS Dhurwa, District Ranchi
2.The Deputy Commissioner, Dhanbad, PO, PS and District Dhanbad
3.The Principal, Patliputra Medical College & Hospital, Dhanbad, PO, PS &
District Dhanbad ... Respondents
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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
For the Appellants : Md. Hatim, Advocate
Mr. Niranjan Singh, Advocate
For the State : Mr. Gaurav Raj, AC to AAG-II
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ORDER
16th August 2023
Heard.
2. This Letters Patent Appeal has been filed beyond the period of
limitation and with several defects. Not only that, an application under
section 5 of the Limitation Act has also not been filed.
3. The writ Court by an order dated 1 st April 2022 passed in
WP(L) No. 4825 of 2021 declined to interfere with the judgment passed by
the Labour Court at Dhanbad in I.D. Case No. 2 of 2015.
4. Before the Labour Court, five persons claiming that they have
been working as Sweepers at Patliputra Medical College and Hospital (in
short, PMCH), Dhanbad since last 25 years filed an application under
section 2A of the Industrial Disputes Act, 1947 (in short, ID Act) seeking
their reinstatement in service with full back wages and other consequential
benefits.
5. This case seems to have been filed by the appellants pursuant to
an observation made by the writ Court in the order dated 24 th February 2014
passed in WP(S) No. 6058 of 2012 that the writ petitioners may have an
alternative remedy to approach the competent authority/ Industrial Court for
consideration of their case.
6. To recapitulate, the appellants had approached the writ Court in
WP(S) No. 6058 of 2012 with a prayer for regularisation and payment of
arrears of back wages. They have claimed that between the period 16 th June
1981 and 24th March 1986 they were employed as Ward Servant/Sweeper in
the boys hostel at PMCH, Dhanbad and since then they have been working
as daily wagers and in this regard office orders were issued by the Warden.
7. The Labour Court after considering the oral evidence tendered
by the appellants through three witnesses and the documentary evidence
such as (i) C.C of Order dated 24th February 2014 passed in WP(S) No. 6058
of 2012 by Hon'ble Jharkhand High Court, (ii) original copy of letter no.
969 dated 15th May 2015 issued by Labour Superintendent-cum-Conciliation
Officer, Dhanbad, (iii) photo copy of Office order dated 16 th June 1981, (iv)
photo copy of Experience Certificate dated 24th March 1986, (v) photo copy
of application dated 30th November 1990, (vi) photo copy of Office Order
dated 2nd May 1983, (vii) photo copy of Memo No. 76 dated 09 th December
1985, (viii) photo copy of Office Order dated 25 th June 1983, (ix) photo
copy of experience certificate dated 24th March 1986, (x) photo copy of
attendance sheet for the month of September 2002, (xi) photo copy of memo
no. 76 dated 9th December 1987, (xii) photo copy of letter dated 345 dated
19th February 2015, (xiii) photo copy of Experience Certificate dated 24 th
March 1986 and (xiv) photo copy of statement of working days as per
acquaintance roll, came to a conclusion that the appellants were not
appointed against sanctioned post of Ward Servant/Sweeper in the boys
hostel at PMCH, Dhanbad and therefore not entitled for any relief.
8. As a consequence of such a finding, the Labour Court
dismissed the application under section 2A of the ID Act.
9. In WP(L) No. 4825 of 2021, the writ Court has recorded that
appointment of the writ petitioners was not pursuant to any advertisement
and there was no evidence to establish that they were regular appointees on
vacant and sanctioned posts. Moreover, we find that the appellants came to
the writ Court after 25 years and, that too, on such a slippery ground. This is
a well settled position in law that the writ Court shall not interfere with the
order/judgment of inferior Tribunal/Court on a question of fact or render its
decision on reappreciation of materials and evidence laid before the lower
fora.
10. Having gone through the judgment in I.D. Case No. 2 of 2015,
we do not find any perversity in the findings of the Labour Court. Therefore,
we are of the opinion that the writ Court has rightly dismissed WP(L)
No. 4825 of 2021.
11. LPA No. 258 of 2022 is dismissed.
(Shree Chandrashekhar, J.)
(Anubha Rawat Choudhary, J.)
Jharkhand High Court, Ranchi
Dated 16th August 2023
Tanuj/N.A.F.R
