Jharkhand High Court
Steel Authority Of India Limited (Sail) vs The Union Of India Through Deputy Labour ... on 19 October, 2022
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P.(L). No.5001 of 2022
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Steel Authority of India Limited (SAIL), having its registered office at Ispat Bhawan, P.O. Lodi Road, P.S. Lodi Road, District New Delhi and having one of its Unit known as Bokaro Steel Plant, Bokaro (Colliery Division) through its Agent (Mining), Chasnalla, Sanjay Kumar, aged about 49 years, son of Shri Lakshmi Prasad, Resident of MIG-A/15, Housing Colony, Bartand, P.O.-Dhanbad, P.S.-Dhanbad, District - Dhanbad.
.... .... Petitioner Versus The Union of India through Deputy Labour Commissioner (Central), having its office at Dhanbad, P.O. - Dhanbad, P.S. - Dhanbad, District - Dhanbad (Jharkhand) & Ors. .... .... Respondents
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. Indrajit Sinha, Adv.
Mr. Ajay Kr. Sah, Adv.
For the Respondents : Mr. Anil Kumar, Addl.S.G.I. Mr. Prabhat Kr. Sinha, C.G.C.
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th 03/Dated: 19 October, 2022
1. The present writ petition has been listed on urgent hearing, still it is under defect. Learned counsel for the petitioner undertakes to remove all the defects within a week.
2. The petitioner is a public sector undertaking and the present dispute is related to the coal mining operation. A show cause notice has been issued dated 02.09.2022 for violation of Section 10(1) of the Contract Labour (Regulation & Abolition) Act, 1970 that why not the Contract Labour License granted to the petitioner for the coal mining should be cancelled. Ultimately, the licence has been cancelled vide order dated 13.10.2022 so far as the contractor is concerned.
3. The only issue which has been raised at present for the purpose of interim order is that the basis of issuance of show cause and cancellation of the license is the notification No. S.O. No.2063 dated 21.06.1988.
4. It has been brought to the notice of the Court that the said notification has already been quashed by the Delhi High Court in Judgment dated 19.12.2002 passed in Civil Writ Petition No.5550 of 1999.
On the above basis, it has been submitted that the very basis of taking action is non-existent.
5. Learned counsel for the respondents seeks adjournment for verification and filing response.
6. As prayed for, put up this case after four weeks.
7. In the meantime, impugned order of cancellation dated 13.10.2022 shall remain stayed.
(Rajesh Kumar, J.) Amar/-
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