Kaildas Mallah vs The State Of Jharkhand
2023 Latest Caselaw 881 Jhar

 IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Cont. Case (Civil) No. 312 of 2021
Kaildas Mallah, aged about 61 years, s/o. Bhagwan Das Mallah,
resident of Bhowra, P.O. Bhowra, P.S. Jorapokhar, District Dhanbad.
                                     ...      ...    ...   ...   Petitioner
                          Versus
1. The State of Jharkhand
2. Sri Chandan Bhattacharya, s/o. Late Phanibhushan Bhattacharya,
   General Manager, E.J. Area representing Bharat Coking Coal
   Limited, Koyala Bhawan, P.O. Koyla Nagar, P.S. Saraidhella,
   District Dhanbad.
                                              ...     ...    Opposite Parties
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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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For the Petitioner: Mr. Avishek Chandra, Advocate

For the Respondents: Mr. Suresh Kumar, S.C.(L&C)-II Mr. Amit Kumar Das, Advocate Mr. Amit Kumar Sinha, Advocate Mrs. Swati Shalini, Advocate

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Oral Order 05/Dated: 23.02.2023

By filing this Contempt application the petitioner has complained

of willful and deliberate violation of the judgment passed by a

Coordinate Bench in L.P.A. No. 502 of 2019 dated 09.12.2020.

This Court in operative portion directed the appellants-BCCL to

disburse the consequential monetary benefits in favour of the writ

petitioner which is legally admissible to him within three months from

the date of receipt of a copy of the order.

The 3rd show-cause filed by the Contemnors reveals that

Contemnors-Opposite Parties have already paid the legal dues of the

petitioner which has been received by him under protest.

At this stage, learned counsel for the petitioner submits that the

calculation made by the contemnors is not proper and, therefore,

there has been a violation of the order of this Court.

We see no deliberate and willful disobedience of the order

passed by this Court. The contemnors have already paid the money.

If the petitioner has any further grievance, he may approach the

appropriate forum under Section 33(C)(2) of the Industrial Disputes

Act, 1947.

Accordingly, this Contempt proceeding is dropped.

(S. K. Mishra, C.J.)

(Sujit Narayan Prasad, J.) Manoj/Saket