Jharkhand High Court
M/S Flowmore Limited vs The State Of Jharkhand on 9 November, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case (C) No. 564 of 2022
M/s Flowmore Limited .... Petitioner
Versus
1. The State of Jharkhand,
2. Praven Kumar Toppo, the Secretary, Department of Labour, Employment &
Training, Ranchi
3. A. Muthu Kumar, Labour Commissioner, Department of Labour, Employment
& Training, Government of Jharkhand, Ranchi
4. Alpana Sinha, Assistant Labour Commissioner-cum-Cess Assessment Officer,
Ranchi\
5. K. K. Verma, Managing Director, Jharkhand Urja Sancharan Nigam Limited,
Ranchi
6. Sudhir Kumar, Senior Manager (Finance and Accounts), Jharkhand Urja
Sancharan Nigam Limited, Ranchi
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CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
---
For the Petitioner : Mr. M. S. Mittal, Sr. Advocate
For the O.P. : Mr. Manoj Tandon, Advocate
For the JUSNL : Mr. M. K. Roy, Advocate S.C.- II
Order No. 09 Dated 09th November, 2023
The instant contempt has been preferred by the petitioner for initating a
contempt proceeding against the opposite parties for non-compliance of the
order dated 13.06.2022 passed in W.P.(C) No. 3835 of 2020.
The operative portion of the order dated 13.06.2022 passed in W.P.(C)
No. 3835 of 2020 reads as follows:-
"... 30. In view of the aforesaid discussions, the present writ petition is
disposed of in the following terms:
(i) Letter No. 1656 dated 25.08.2020 issued by the Senior
Manager (F&A), Jharkhand Urja Sancharan Nigam Limited,
Ranchi (the respondent No.5) [Annexure-1 to the writ petition] is
hereby quashed.
(ii) The labour cess is not leviable on supply of materials and
consultancy charge with respect to the contracts in question as the
same are distinct from the contract for civil works. (iii) The
respondent-JUSNL is directed to communicate the Department of
Labour, Employment and Training, Government of 21 Jharkhand
regarding refund of labour cess deducted against the petitioner's
bills for supply of materials and consultancy charges which is said
to have been deposited by it with the said department, within two
weeks from the date of receipt/production of a copy of this order.
(iv) The competent authority of the Department of Labour,
Employment and Training, Government of Jharkhand, Ranchi is
directed to refund the amount of labour cess which has been
deducted from the petitioner‟s bill for supply of materials and
consultancy charges through the respondent-JUSNL within one
month from the date of receipt of the communication from the
respondent-JUSNL.
(v) The petitioner will be at liberty to move before the appropriate
authority claiming interest on the deducted amount in terms with
the order of a co-ordinate Bench of this Court as referred in
paragraph 28 of the judgment. ..."
It is the grievance of the petitioner that the interest on the deducted
amount has not been refunded to the petitioner
Mr. M. K. Roy, learned counsel for the opposite parties No. 5 and 6
has stated that the claim of interest has already been rejected by the
concerned authority.
Mr. M. S. Mittal, learned senior counsel in view of the said
submission does not press this application and he seeks a liberty to
challenge the order of rejection of the claim of interest made by the
petitioner.
In view of the aforesaid, this application accordingly stands
disposed of with the liberty as aforesaid.
(RONGON MUKHOPADHYAY,J.)
MK
