Jharkhand High Court
Tata Steel Limited vs Dr. B. N. Pati on 27 February, 2020
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (L) No.3901 of 2006
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Tata Steel Limited. .......... Petitioner.
-Versus-
Dr. B. N. Pati. .......... Respondent.
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Manish Mishra, Advocate For the Respondent : Mr. Manish Kumar, Advocate
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Order No.14 Date: 27.02.2020 I.A. No.1399 of 2020:
The present interlocutory application has been filed for extension of stay granted by a Bench of this Court vide order dated 24th April, 2009.
Learned counsel for the petitioner submits that the instant writ petition has been filed by the petitioner-Company challenging the judgment dated 7th February, 2006 passed by the learned Presiding Officer, Labour Court, Jamshedpur in B.S. Case no.13 of 1995, whereby the petitioner was directed to reinstate the respondent in service with all back wages. This court vide order dated 24th April, 2009 while admitting the writ petition has stayed the operation, execution and implementation of the order/judgment dated 7th February, 2006 passed by the learned Labour Court, Jamshedpur in B.S. Case No.13 of 1995 so far as the payment of back wages is concerned and since then the writ petition is pending for adjudication. However, the respondent had already filed a case being C/2 Case no.5445 of 2008 in the court of learned Chief Judicial Magistrate, Jamshedpur alleging non-implementation of the judgment dated 7th February, 2006 passed in B.S. Case No.13 of 1995. The learned court below did not proceed further in the matter for some time due to the interim order dated 24th April, 2009, but in view of the judgment of the Hon'ble Supreme Court rendered in the case of Asian Resurfacing of Road Agency Pvt. Ltd. Vs. Central Bureau of Investigation, reported in (2018)16 SCC 299, the said court has now been proceeding further in the matter. Hence the effect of the interim order dated 24th April, 2009 may be extended.
-2-Mr. Manish Kumar, learned counsel for the respondent, submits that the learned court below has further proceeded in C/2 Case no.5445 of 2008 in view of the aforesaid judgment of the Hon'ble Supreme Court.
Having heard learned counsel for the parties and keeping in view that a Bench of this Court vide order dated 24th April, 2009 having found that the issue raised in the writ petition requires consideration, admitted the same for hearing and stayed the operation, execution and implementation of the order dated 7th February, 2006 passed by the learned Labour Court, Jamshedpur in B.S. Case No.13 of 1995 so far as payment of back wages is concerned, in my view, it is a fit case for extending the said interim order dated 24th April, 2009.
Hence, the effect of the interim order dated 24th April, 2009 passed in the present writ petition is extended till the next date of listing.
I.A. No.1399 of 2020 stands disposed of.
I.A. No.1983/2008 & I.A. No.511/2009:
Learned counsel for the petitioner submits that the present interlocutory applications have now become infructuous and the same may accordingly be disposed of.
In view of the said submission, I.A. No.1983/2008 & I.A. No.511/2009 stand disposed of.
W.P.(L) No.3901 of 2006:
Put up this case under the heading "For Hearing" on 30th April, 2020.
(Rajesh Shankar, J.) Sanjay/