Jharkhand High Court
State Of Jharkhand Through ... vs Sichai Kamgar Union on 5 October, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (L). No.5599 of 2015
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State of Jharkhand through Executive Engineer, Irrigation Division,
Water Resources Department, Government of Jharkhand, Jamtara
.... .... .... Petitioner
Versus
Sichai Kamgar Union, Mukhya Abhiyanta Parichetra, Deoghar &
Others .... .... .... Respondents
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Ankit Kumar, AC to GP VI
For the Respondents : Mr. P. K. Mukhopadhyay, Advocate
Mr. Sanjay Kr. Dubey, Advocate
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Order No.19 Dated- 05/10/2023
Heard the parties.
Learned counsel for the petitioner prays for time.
Prayer for time is allowed as the last chance.
List this case after two weeks.
(Anil Kumar Choudhary, J.)
I.A. No.4847 of 2023
Learned counsel for the respondents submits that this interlocutory
application has been filed under Section 17-B of the Industrial Disputes
Act directing the petitioner- Management to pay wages at the rate of last
drawn salary paid by the petitioner to the respondents.
2. It is next submitted that the award passed in Reference Case No.05
of 2010 was finally adjudicated by the Presiding Officer, Labour Court,
Deoghar vide its award dated 24.01.2014 directed the petitioner-
Management to regularize the services of the workmen/respondents with
all back wages and held that their removal from services is illegal and this
Writ Petition has been filed by the petitioner- Management in which an
interim order has been passed directing the operation of the award dated
24.01.2014 to be stayed while issuing the notice to the
workmen/respondents. It is next submitted that the
workmen/respondents are nowhere gainfully employed, hence, they are
sitting idle for the whole period of proceeding, hence, they are entitled to
the benefits under Section 17-B of the Industrial Disputes Act or else they
will suffer irreparable loss and injury and will be at the verge of
starvation. Hence, it is submitted that the said prayer be allowed.
3. Learned counsel for the petitioner- Management submits that the
respondents have also filed I.A. No.8752 of 2018 for the self-same relief
and the petitioner- Management filed a reply to the I.A. No.8752 of 2018
and the said reply be treated as the reply of the petitioner- Management in
respect of the I.A. No.4847 of 2023. It is next submitted by the learned
counsel for the petitioner- Management that the petitioner has very good
case to agitate in this writ petition but in view of the judgment passed by
the Hon'ble Supreme Court of India in the case of State of Madhya
Pradesh & Others vs. Somdutt Sharma reported in 2021 SCC OnLine SC
829 wherein it has been held by the Hon'ble Supreme Court of India that
the Irrigation Department is not an Industry and also in view of the
judgment passed by the Hon'ble Supreme Court of India in the case of
Uttaranchal Forest Development Corporation & Another vs. K.B. Singh
& Others reported in (2005) 11 SCC 449 wherein the Hon'ble Supreme
Court of India directed that the workman would be entitled to the benefit
to Section 17 B of the Industrial Disputes Act from the date of filing
affidavits. Hence, it is for the employer to satisfy the court that the
workman was employed during the period and was receiving adequate
remuneration; otherwise the workman, on the basis of an affidavit, would
be entitled to the benefit of litigation before the High Court.
4. Having heard the rival submissions made at the Bar and after
carefully going through the materials available in the record, since the
petitioner is not ready for hearing of the instant writ petition on its merit
and praying for time and undisputedly the respondent/workmen are
sitting idle from 18.05.2023 that is the date on which the I.A. No.4847 of
2023 was filed in this Court with the affidavit that the
respondent/workmen was sitting idle, hence, in exercise of the power
under Section 17-B of Industrial Disputes Act, the petitioner- Management
is directed to pay the arrears of salary/wages of the
respondent/workmen at the rate of last drawn salary starting from
18.05.2023 to till the disposal of this writ petition. The arrears of salary
from 18.05.2023 to till today must be paid within four weeks from the date
of this order.
5. This interlocutory application stands disposed of.
(Anil Kumar Choudhary, J.)
I.A. No.8752 of 2018
Heard the parties.
2. Learned counsel for the respondents submits that the respondents
do not press the instant interlocutory application.
3. Accordingly, this interlocutory application stands rejected as not
pressed by the respondents.
(Anil Kumar Choudhary, J.)
AFR-Animesh/
