Dismissed

M/S.Builders Association of in v. State of Jharkhand And Anr.

Jharkhand HC11 Nov 2019WPC/697/2002

Case brief

AI extract

What is this about?

This judgment dismisses two clubbed writ petitions challenging retrospective minimum wage notifications. The court held that since the related SLP before the Supreme Court was dismissed as infructuous, the writ petitions must be dismissed following the earlier Division Bench order.

What did the court decide?

The writ petitions were dismissed as infructuous in light of the dismissal of the related SLP and reliance on the earlier Division Bench order.

M/S.Builders Association of in Vs State of… — Writ and Judicial Review | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 697 of 2002

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M/s Builders Association of India, Jamshedpur Centre, Jamshedpur through Honorary Joint Secretary, Singhbhum West… Petitioner

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Versus

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The State of Jharkhand through Department of Labour, Employment and Training, Ranchi

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The Under Secretary, Department of Labour, Employment and Training, Ranchi … … Respondents

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C.W.J.C. No. 3655 of 2000 (R)

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Bihar Mica Exporters Association, Giridih through its Honorary Secretary, Giridih … … Petitioner

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Versus

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The State of Bihar

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The Secretary, Department of Labour, Government of Bihar, Patna

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The Commissioner, Government of Bihar, Patna

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The Assistant Labour Commissioner, Government of Bihar, Giridih … … Respondents

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CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

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----- For the Petitioners : Mr. M.S. Mittal, Sr. Advocate [W.P.(C) No. 697 of 2002] Mr. R.N. Sahay, Sr. Advocate Mr. Yashvardhan, Advocate Mr. Saurabh Narayan, Advocate Mr. S.P. Mehta, Advocate [W.P.(C) No. 3655 of 2002(R)] For the Respondents : Mr. Navin Kumar, SC, JSEB [W.P.(C) No. 697 of 2002]

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-----

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06/11.11.2019 Both the writ petitions have been filed challenging the notifications issued by the State Government under the provisions of Minimum Wages Act, 1948 enhancing minimum wages with retrospective effect.

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Both the writ petitions were earlier clubbed together and ordered to be placed after disposal of SLP(C) No. 20646/2002 preferred by the Bihar Mica Exporters Association against order dated 14.08.2002 passed in LPA No. 359/2000.

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Office has brought on record a web copy of order dated 30.04.2009 passed by the Hon’ble Supreme Court in Civil Appeal No. 6650/2003 arising out of SLP(C) No. 20646/2002 which reads as

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under:

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“Learned counsel appearing for the appellant states that this appeal has become infructuous. Accordingly, the appeal is dismissed as having become infructuous. Interim order, if any, shall stand vacated. No order as to costs.”

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The learned counsel for the petitioner appearing in C.W.J.C. No. 3655 of 2000 (R) at the outset submits that by reasons of order dated 14.08.2002 passed by the learned Division Bench in LPA No. 359/2000 reported in 2002 (3) JLJR 317, the LPA preferred by the Bihar Mica Exporters Association was dismissed.

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Considering the aforesaid facts and circumstances and keeping in view that the SLP preferred by one of the petitioners i.e., Bihar Mica Exporters Association before the Hon’ble Supreme Court has been dismissed as infructuous, both the writ petitions are dismissed in terms with the order passed by the learned Division Bench of this Court reported in 2002 (3) JLJR 317.

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I.A. 1764 of 2001 filed by the petitioner of C.W.J.C. No.

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3655 of 2000 (R) also stands disposed of.

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Manish

M/S.Builders Association of in v. State of Jharkhand And Anr.

Case brief

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M/S.Builders Association of in v. State of Jharkhand And Anr.

Case brief

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