Pradeep Kumar Chitlangia vs The State Of Jharkhand & Ors
2023 Latest Caselaw 1236 Jhar

IN THE       HIGH COURT OF JHARKHAND AT RANCHI
                     Cr. Revision No. 1088 of 2010
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1. Pradeep Kumar Chitlangia

2. Ranjay Kumar ...... .... Petitioners Versus The State of Jharkhand & Ors. ..... .... Opp. Parties

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CORAM :          HON'BLE MR. JUSTICE AMBUJ NATH
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For the Petitioners       : Mr. A. K. Das, Advocate
For the State             : Mr. Arup Kr. Dey, A.P.P
For the Opp. Parties      : In Person
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13/ Dated 21.03.2023

       Reference was made by Govt. of             Bihar, dated 18.12.1990 vide notification

number3/D-1-4020/90 L& E-1270 to the Presiding Officer, labour court Ranchi to adjudicate ''whether the dismissal of S/Sri Manager Rai, Paras Rai, Devki Sharma and Dineshwar Das Sharma was justified ? If not, what relief, they are entitled too.

The Presiding Officer, Labour Court, Ranchi in Reference Case No.1/1991 decided that their dismissal was not justified and also directed that they be reinstated in service with full back wages and consequential benefits.

It was submitted on behalf of the petitioners that Sri Manager Rai and Paras Rai had appeared before them. Their dues were computed by the Labour Court, Ranchi and all their dues were paid to them. Two workers namely Devki Sharma and Dineshwar Das Sharma did not turn up and therefore the award could not be implemented. Learned counsel for the petitioners has further submitted that in the judgment of the learned Trial Court, it has been mentioned that both Dineshwar Das Sharma and Devki Sharma had submitted their resignations and have taken their remunerations.

Sri Anjani Kumar Pandey, the General Secretary of Bihar Flour Mill Mazdoor Seva is present in the Court and submitted on behalf of the remaining two workers that they have not been paid their dues. It was further submitted that Devki Sharma has died and Dineshwar Das Sharma has retired.

Dineshwar Das Sharma and the legal heirs of Devki Sharma shall appear before the Labour Court, Ranchi and file an application under section 33C(2) of the Industrial Dispute Act, within a month from passing of this order. The Labour Court, Ranchi shall examine their claim, and determine the quantum of back wages, if any, that is required to be paid.

It is expected that the learned Labour Court, Ranchi shall dispose of the claim of the aforesaid two workers within three months. The petitioners shall comply with the directions of the Labour Court, Ranchi within thirty days and file a compliance report before this court by filing supplementary affidavit.

List this case after four months.

BS/                                                              (Ambuj Nath, J.)