Employer In Relation To The Management ... vs The Union Of India Through The Ministry ... on 10 February, 2015

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Jharkhand High Court

Employer In Relation To The Management ... vs The Union Of India Through The Ministry ... on 10 February, 2015

Bench: Shree Chandrashekhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         W.P.(L) No. 6436 of 2014
                                   with
                         W.P.(L) No. 6437 of 2014

                 Employer in relation to the Management of Life
                 Insurance Corporation of India represented through Sri
                 A. Jha, presently working as Senior Divisional Manager,
                 Life Insurance Corporation of India, Bhagalpur Division,
                 having its office at Zero Mile, P.O. & P.S.-Bhagalpur,
                 Town and District-Bhagalpur, Bihar
                                                  ..... .....Petitioner
                                                  (in both cases)

                                            Versus
                1. The Union of India through the Ministry of Labour,
                   Shram Shakti Bhawan, New Delhi-110001
                2. The Vice President, Jatiya Jiban Bima Karamchari
                   Samiti, (Purb), J.P. Colony, Chandwara, Muzaffarpur,
                   Bihar                         .... ...      Respondents
                                                 ( in both cases)
                                            ---
              CORAM   : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

                 For the Petitioner           : Mr. Sachin Kumar, Advocate
                                                (in both cases)
                 For U.O. I.                  :Mr. Ashok Singh, C.G.C.
                                               (in both cases)

05/10.02.2015

Issue notice to the respondent no. 2 (in both cases) under registered cover with A/D as well as by ordinary process for which requisites etc. must be filed within two weeks. Dasti notice in addition.

The petitioner is directed to file affidavit of proof of service of dasti notice upon the respondent no. 2 within a period of four weeks.

Post the matter after four weeks.

Liberty to the petitioner to mention after service of notice upon the respondent no. 2.

(Shree Chandrashekhar, J .) Satyarthi/-

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 6455 of 2014 M/s Ajay Bhagat through its Partner Sri Ajay Bhagat son of late Kamla Kanth Bhagat, residing at 304, Laxmi Narayan Apartment, North Market Road, Upper Bazar, P.S. Kotwali, Ranchi ..... .....Petitioner Versus

1. The State of Jharkhand through the Secretary/Principal Secretary, Road Construction Department, Ranchi

2. The Executive Engineer, Road Construction Department, Road Division, Ranchi

3. The Certificate Officer, Ranchi .... ... Respondents

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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR For the Petitioner : Mr. Manoj Tandon, Advocate For the Respondent-State:Mr. Rajesh Kumar, G.P.-V Mr. Anil Kumar, J.C. to A.G. 03/10.02.2015 The learned counsel for the petitioner submits that vide letter dated 28.06.2014, the petitioner was directed to deposit an amount of Rs. 84,35,652.00/- on or before 20.07.2014 however, no basis of calculation has been indicated in the said letter.

The learned counsel for the respondent-State of Jharkhand submits that in view of last measurement and payment of Rs. 75,00,000/- made to the petitioner, the amount of Rs. 84,35,652.00/- has been calculated in terms of agreement.

Prima facie, I find that the impugned letter has been issued in violation of principles of nature justice. The details of calculation demanding Rs. 84,35,652.00/- given in the impugned letter dated 28.06.2014 allegedly in terms of the agreement appears to be arbitrary and unjust.

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Jharkhand High Court