Smt Bina Devi v. the State of Jharkhand
Case brief
What is this about?
Writ petition by dependents of a deceased workman for quashment of Labour Court orders dismissing a case for non-prosecution and a subsequent restoration petition. The court held the petitioners could not be penalized for counsel's absence when an adjournment petition was pending, quashed the impugned orders, and remitted the matter for reconsideration on merits after providing an opportunity of h
What did the court decide?
The orders dated 10.07.2012 and 20.12.2011 dismissing the case and restoration petition are quashed. The matter is remitted to the Labour Court for reconsideration on merits after giving opportunity o
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (L) No. 5440 of 2012
- Smt. Bina Devi.
- Vikash Kumar.
- Vishal Kumar.
- Vivek Kumar.
- Vinu Kumar.
- Vinty Kumari. … … … … …Petitioners -Versus-
- The State of Jharkhand.
- M/s Tata Engineering and Locomotive Company Limited, Now Tata Motors Limited, a company incorporated under the Company’s Act, having its works and office at Telco, P.O. and P.S.-Telco, Jamshedpur,
- District-East Singhbhum. … … … … …Respondents
------------- CORAM: THE HON’BLE MR. JUSTICE DR. S.N.PATHAK
Issues for consideration
3 issues framed by the court
Whether the dismissal of the miscellaneous case for non-prosecution and the subsequent rejection of the restoration petition can be quashed.
Whether the matter should be remitted to the Labour Court for reconsideration on merits.
Whether the petitioners are entitled to an opportunity for hearing regarding the dismissal orders.
Parties & counsel
- petitioner
Bina Devi and others
- respondent
State of Jharkhand
- respondent
Tata Motors Limited
Coram
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · September
- Registered
- Case no.
- WPC/5440/2012
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