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Jharkhand High Court
Their Workmen Represented By Bihar ... vs The State Of Jharkhand & Anr. ... ... Opp. ... on 15 December, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case (Civil) No.1438 of 2025
Their workmen represented by Bihar Colliery Kamgar
Union through its Secretary ... ... Petitioner
Versus
The State of Jharkhand & Anr. ... ... Opp. Parties
...
CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE ARUN KUMAR RAI
For the Petitioner : Mr. Nand Kishore Pd. Sinha, Advocate
: Md. Salahuddin Ansari, Advocate
For the State : Mr. Manish Mishra, G.P.-V
For the BCCL : Mr. Anoop Kumar Mehta, Advocate
: Mr. Pratyush, Advocate
: Mr. Praveen Tirkey, Advocate
...
Order No.05/dated 15.12.2025
It is a case where, proceeding for contempt has been
sought to be initiated for alleged, wilful and deliberate
non-compliance of the order dated 15.05.2025 passed by this
Court in L.P.A.No.406 of 2020.
2. It has been contended that the Award passed in the
Reference Case No. 97 of 1995 dated 08.06.2000 wherein the
following direction was passed:
"That the demand of the union for regularisation of Shri Naresh
Paswan and 74 other persons is justified. They are treated to be
regularised in services from the date of reference i.e. 22.08.1995 as
Category-I General Mazdoors, but they will not be entitled to claim
back wages. However, they shall be entitled to wages of Category-I
General Mazdoors as per NCWA applicable at present from the date
of publication of the award. The management must regularise them
within 30(thirty) days from the date of publication of the award and if
they failed to regularise them within 30 days or even within six months
from the date of publication of the award then the concerned persons
shall be entitled to claim wages payable to General Mazdoor
Category-I with 12 ½ interest also."
3. Although it has been quashed and set aside by the
Judgment passed by the learned writ court vide order dated
03.09.2019 passed in C.W.J.C. No. 378 of 2001. But the said
order has been quashed vide order dated 15th May, 2023 passed
in L.P.A.No. 406 of 2020.
4. It has been contended that the moment Division Bench of
this Court has quashed and set aside the order passed by the
learned Single Judge, the Award dated 8th June, 2000 passed
in Reference Case No. 97 of 1995 has revived. Further the said
Award has also been said to be merged with the order passed
by the Division Bench of this Court dated 15th May, 2023.
5. It has further been contended that the order dated 15th
May, 2023 passed in L.P.A.No. 406 of 2020 against which the
Special Leave Petition was filed has also been dismissed vide
order dated 05.08.2024 passed in Special Leave Petition (Civil)
Diary No (s). 46984/2023. But still the order has not been
complied with even after lapse of 30 years from the date of
Reference.
6. Mr. A.K.Mehta, learned Counsel waives notice on behalf of
the O.P.No.2 and has sought for three weeks' time to file
compliance affidavit.
7. The matter is being posted on 12.01.2026 as prayed for by
Mr. A.K.Mehta, learned Counsel.
(Sujit Narayan Prasad, J.)
(Arun Kumar Rai, J.)
15th December, 2025
P.K.S./Suman-
