Rama Overseas Company, Through ... vs The National Thermal Power ...
2023 Latest Caselaw 1180 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.12295 of 2018
     ======================================================

Rama Overseas Company, through its Proprietor Sanjay Prasad Dasharath Prasad Sharma Son of Dasrath Prasad Sharma Resident of G.F.I. , Sankalp, Near Volga Apartment, Shukla Nagar, Char Rasta, New Sama Road, Vadodara, Gujrat, 390008

... ... Petitioner/s Versus

1. The National Thermal Power Corporation Ltd. through its Managing Director, New Delhi

2. The Chairman, National Thermal Power Corporation Ltd., New Delhi.

3. The Group General Manager, NTPC, Barh, Patna.

4. The G.M., Operation and Maintenance, NTPC, Barh, Patna.

5. The G.M. Fuel Mangement, NTPC, Barh, Patna.

6. The AGM, Fuel Management, NTPC, Barh, Patna.

7. The AGM, Engineer In-Charge FM-FT, NTPC, Barh, Patna.

8. Sri Piyush Saxena, General Manager, Fuel Managment, NTPC, Barh, Patna.

9. Sri Gautam Jena, AGMFM, NTPC, Barh,Patna.

10. Sri Nirmalendu Shekhar, Engineer In-Charge, AGMFM, NTPC, Barh, Patna.

11. The Chief Vigilance Officer, N.T.P.C. New Delhi.

12. The AGM Vigilance, NTPC, Barh, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kanhaiya Pandey, Advocate For the Respondent/s : Mr. Kumar Manish, Advocate Mr. Ankit Katriar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 24-03-2023 Patna High Court CWJC No.12295 of 2018 dt.24-03-2023

In the instant petition, petitioner has prayed for

following reliefs:-

"I. That the respondents may be directed to extend the contract period of two months fixed by letter dated 25.05.2018 contained in annexure-11 for the period of two months from the date of issuance of gate pass and allow the labourers to work so that contract work may be completed.

II. That the respondents CVO and the Vigilance of the NTPC may be directed to hold inquiry into the functioning of respondent 2nd set in particular respondent no. 8 General Manager, fuel Management namely Piyush Saxena and his subordinates and be pleased to take action against them since they have threatened the petitioner to blacklist the petitioner from NTPC.

III. That the respondents may be directed to make payment of wages to the labourers engaged by the petitioner since due to non issuance of gate pass although the labourers were sitting ideal but petitioner was compelled to make payment of such labourers, since petitioner had engaged them work under contract and even though were present, they were not allowed to work.

IV. That any other relief or reliefs may be allowed which may be just proper and equitable in the opinion of this Hon'ble Court."

Having relief sought in the present petition and

there are disputed facts are involved, therefore writ petition is

not maintainable in the light of Apex Court's decision in the case

of Shalini Shyam Shetty & Another Vs. Rajendra Shankar Patna High Court CWJC No.12295 of 2018 dt.24-03-2023

Patil reported in (2010) 8 SCC 329.

Accordingly, the present petition stands disposed

of reserving liberty to the petitioner to invoke appropriate

remedy.

(P. B. Bajanthri, J)

( Arun Kumar Jha, J) rakhi/-

AFR/NAFR                NAFR
CAV DATE                N.A.
Uploading Date          28.03.2023
Transmission Date       N.A.