Citation : 2025 Latest Caselaw 4836 Jhar
Judgement Date : 25 August, 2025
2025:JHHC:25130-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 25 of 2025
1. M/s Bharat Coking Coal Ltd. through its Chairman-cum-Managing
Director, Koyla Nagar, P.O.- Koyla Nagar, P.S.- Saraidhela, District
Dhanbad.
2. Chief Manager (P) MP R, M/s Bharat Coking Coal Limited, Koyla
Nagar, P.O. Koyla Nagar, P.S.-Saraidhela, District - Dhanbad.
3. The General Manager (PF/Pension), M/s Bharat Coking Coal
Limited, Koyla Nagar, P.O. Koyla Nagar, P.S.- Saraidhela, District -
Dhanbad.
4. The General Manager, M/s Bharat Coking Coal Limited, Koyla
Nagar, P.O. Koyla Nagar, P.S.-Saraidhela, District - Dhanbad.
5. The Area Personnel Manager, BCCL, Govindpur Area-3, P.O. and
P.S.-Govindpur, District Dhanbad
... ... ... Appellants
Versus
1. Samu Chowdhary, aged about 63 years, Son of Bijay Choudhary,
resident of Village Raghunathpur, P.O. Raghunathpur, P.S.-
Raghunathpur (M), District Purulia, West Bengal.
2. Samir Muherjee, aged about 63 years, Son of Shaktipada
Mukherjee, resident of Moutorh, Madhubati, P.O. Moutorh, P.S. Purulia,
District - Purulia, West Bengal.
3. Satya Narayan Ghoshal, aged about 63 years, Son of Shyamapada
Ghoshal, resident of Village Nabagram, P.Ο. Nildih, P.S. Raghunathpur,
District - Purulia, West Bengal.
4. Bishwnath Karmakar, aged about 63 years, Son of Sahadeb
Karmakar, resident of Village Nabagram, P.O. Nildih, P.S. Raghunathpur,
District - Purulia, West Bengal.
5. Ganesh Kumar Karmakar, aged about 63 years, Son of Sahadeb
Karmakar, resident of Village Nabagram, P.O. Nildih, P.S. Raghunathpur,
District - Purulia, West Bengal
6. Ajit Kumar Pal, aged about 63 years, Son of Bhola Nath Pal,
resident of Dumurpal, P.O. -Dumurpal, P.S. Rautara, District Bankura,
West Bengal
7. Coal Mines Provident Fund, through its Commissioner, P.O. and
P.S.- Dhanbad, District-Dhanbad.
... ... ... Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJESH SHANKAR
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2025:JHHC:25130-DB
For the Appellants: Mr. Anoop Kumar Mehta, Advocate
Mr. Amit Kumar Sinha, Advocate
Mr. Manish Kumar, Advocate
For Resp. Nos.1-6: None.
For Resp. No.7: Mr. Prashant Kumar Singh, Advocate
Mr. Karbir, Advocate
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03/Dated: 25.08.2025
1. Despite service of notice, none has put appearance on behalf of
respondent Nos. 1 to 6. Counsel for respondent No.7 is present.
2. For the reasons set out in the Interlocutory Application, which is duly
supported by an affidavit filed by the Assistant Manager (Legal) of the
appellants, we find sufficient cause to condone the delay of 192 days that
has crept up in filing the Appeal.
3. Accordingly, the aforesaid delay is condoned and the instant
Interlocutory Application stands disposed of.
4. Learned counsel for the appellants fairly submits that the issue
raised in this appeal is squarely covered by the judgment dated
29.04.2025 rendered by a Division Bench of this Court authored by one of
us (Rajesh Shankar, J.) in L.P.A. No. 362 of 2024 titled M/s Bharat
Coking Coal Ltd. Vs. Kailash Chandra Mukherjee and Another.
5. For the reasons stated in the said judgment, which shall be read
mutatis mutandis to the instant appeal, the appeal is dismissed in terms of
the judgment passed in L.P.A. No. 362 of 2024.
6. Pending Interlocutory Application, if any, stands disposed of.
(Tarlok Singh Chauhan, C.J.)
(Rajesh Shankar, J.) N.A.F.R. APK/VK.
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