Raghubir Tiwary vs Union Of India & Anr
2025 Latest Caselaw 3746 Jhar

Jharkhand High Court

Raghubir Tiwary vs Union Of India & Anr on 22 August, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         M. A. No.389 of 2024
      Raghubir Tiwary                        .... .. ... Appellant(s)
                         Versus
      Union of India & Anr.                   .. ... ...Respondent(s)
            ...........

CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY .........

For the Appellant (s) : Mr. Rajesh Kumar, Advocate For the Resp.(s) : Mrs. Swati Shalini, Advocate For the State : Mr. Ashutosh Anand, AAG.III For the Intervenor : Mr. P. K. Deomani, Advocate ......

06/ 22.08.2025. I. A. No.10151 of 2025.

Heard, learned counsel for the intervenor on the aforesaid I.A. filed under Order I, Rule 10 read with Section 151 of the CPC.

The instant Misc. Appeal has been filed against the judgment dated 07.06.2024 and Award dated 25.06.2024 passed by learned AJC-I-cum- Tribunal under the Coal Bearing Areas (A & D) Act, 1957, Ranchi whereby and whereunder learned court below has dismissed the Reference Case No.30 of 2019 and rejected the claim of the claimant/ appellant.

The claim of compensation of appellant, Raghubir Tiwary that he was a son of Late Lakhan Tiwari has been dismissed inter-alia on the ground that from the cross-examination of PW.1, it was clear that there were three sons of Bigo Devi and all were alive, but neither intervenors, Ajay Tiwary and Vijay Tiwary were impleaded as a party(s) nor the Power of Attorney was filed on their behalf.

It is submitted by learned counsel for the intervenor/ applicants that a petition for impleadment has now been filed by the intervenor / applicants, Ajay Tiwary and Vijay Tiwary in order to bring all the facts on record before this Court.

Mrs. Swati Shalini, learned counsel for the Respondent- CCL has opposed the petition on the ground that this is a belated application for impleadment, and no reason has been assigned as to why they were not impleaded during the proceedings before the learned court below.

Having considered the submissions, the prayer made in the instant I.A. is allowed as the intervenors are the necessary parties for proper adjudication and necessary decision of the case.

Office is directed to implead the intervenors as performa Respondent Nos.3 and 4.

List this case on 15.09.2025 for hearing on the point of admission.

Sandeep/-                          (Gautam Kumar Choudhary, J.)