Jharkhand High Court
State Of Jharkhand vs Sichai Kamgar And Ors on 19 June, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(L) No. 5599 of 2015
State of Jharkhand ... ... Petitioner
Versus
Sichai Kamgar and Ors. ... ... Respondents
With
W.P.(L) No. 3526 of 2008
Arun Kumar Agrawal ... ... Petitioner
Versus
The State of Jharkhand ... ... Respondent
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : Mr. Uttam Kumar Das, Advocate
(WPL No. 5599 of 2015)
: Mr. Anand Kr. Sinha, Advocate
(WPL No. 3526 of 2008)
For the Respondents : Mr. P.K. Mukhopadhyay, Advocate
(WPL No. 5599 of 2015)
: Mr. Anshuman Kumar, Advocate
(WPL No. 3526 of 2008)
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16/19.06.2023 Learned counsel for the parties are present.
2. The impugned order passed in W.P.(L). No.5599 of 2015 arise
out of award dated 24.01.2014 passed in Reference Case No.05 of
2010. The impugned order dated 16.05.2008 in W.P.(L) No.3526 of
2008 has been passed by the learned labour court in Reference Case
No.03 of 2004. On request made on 26.08.2019 in W.P.(L). No.3526
of 2008, both the cases have been tagged.
3. Since both the cases arise out of different Awards, this Court is
of the considered view that both the cases are to be considered
separately.
4. Accordingly, these two writ petitions are de-tagged.
I.A. No.227 of 2016 in W.P.(L). No.5599 of 2015
5. From perusal of the records of this case, it appears that the
operation of the Award dated 24.01.2014 was stayed by this Court.
Therefore, I.A. No.227 of 2016 seeking interim relief is closed.
I.A. No.8752 of 2018 in W.P.(L). No.5599 of 2015
6. I.A. No.8752 of 2018 has been filed on behalf of the respondent
no.5 under Section 17 - B of Industrial Disputes Act. This Court finds
that although this interlocutory application has been filed, but the
same is not accompanied with the Vakalatnama. Mr. P.K.
Mukhopadhyay, Advocate submits that he shall file Vakalatnama on
behalf of respondent no.5 within a period of two weeks.
7. In the meantime, learned counsel for the State (petitioner) shall
also seek instruction and if so advised, file a counter affidavit in
connection with I.A. No.8752 of 2018.
I.A. No.9396 of 2019 and I.A. No.6403 of 2020 in W.P.(L). No.5599
of 2015
8. Interlocutory application has been filed by stating that
respondent no.2 had expired before filing of the writ petition and that
he has already been substituted in the Execution Case. I.A. No.6403 of
2020 has been filed seeking substitution of respondent no.2 stating
that he expired on 17.11.2014. The details of legal heirs have been
mentioned in para 5 of the I.A. No.6403 of 2020. Mr. P.K.
Mukhopadhyay, Advocate submits that the legal heirs of respondent
no.2 were already substituted in the executing court and they are
necessary parties in the present case. Learned counsel submits that the
legal heirs be substituted and he shall file Vakalatnama on their
behalf.
9. Considering the aforesaid submission, the learned counsel for
the petitioner is directed to delete the name of respondent no.2 from
the cause title and insert the names of legal heirs and successors
whose details have been mentioned in para 5 of the I.A. No.6403 of
2020, filed by the petitioner. The needful be done in red ink within a
period of one week from today.
10. Accordingly, I.A. No.9396 of 2019 and I.A. No.6403 of 2020
are disposed of.
11. Mr. P.K. Mukhopadhyay, Advocate undertakes to file the
Vakalatnama on behalf of the substituted legal heirs of respondent
no.2 within a period of two weeks from today.
I.A. No.4847 of 2023 in W.P.(L). No.5599 of 2019
12. This interlocutory application has been filed under Section 17 -
B of Industrial Disputes Act. The learned counsel for the State
(petitioner) shall seek instruction in the matter and if so advised file a
counter-affidavit within a period of two weeks from today.
13. Post this case on 20.07.2023 for 'Final Disposal'.
14. In the meantime, the records of the impugned Award arising out
of Reference Case No.5 of 2010 be called for.
15. The parties are also directed to get ready for final disposal of
the present case.
W.P.(L). No.3526 of 2008
16. Learned counsel for the petitioner has submitted that this case
has nothing to do with the other connected writ petition. He submits
that the case is otherwise ready for final disposal.
17. Learned counsel for the State is also directed to get ready to
argue the case finally.
18. Post this case under the heading for 'Final Disposal' on
06.07.2023.
19. In the meantime, the parties shall file their synopsis of
arguments, list of dates and the judgments on which they seek to rely
upon much prior to the next date.
(Anubha Rawat Choudhary, J.)
Saurav/
