Dismissed

M/S Jardine Henderson Limited v. Durga Prasad Yadav And Ors.

Jharkhand HC9 Apr 2024WPC/4570/2010

Case brief

AI extract

What is this about?

Writ petition challenged the Labour Court's order rejecting a maintainability objection to an M.J. case. Petitioner sought withdrawal since no proceeding was pending, the main case having been dismissed for default with restoration refused twice. The writ petition was dismissed as withdrawn with liberty to agitate the point afresh if the case is restored; the point involved was left open.

What the court decided

AI extract

M/S Jardine Henderson Limited Vs Durga… — Labour and Industrial Disputes | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(L) No. 4570 of 2010

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M/s Jardine Henderson Limited, a company incorporated under the provisions of the Companies Act, through its Chief Executive, (Engineering) Saradindu Bhattarcharya son of, Late G.K. Bhattacharya, having its office at 4, Clive Row, (Dr. Rajendra Prasad Sarani) P.O. and District- Kolkata - 700 001 … … Petitioner

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Versus

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Durga Prasad Yadav, son of, Late Yadu Prasad Yadav, R/o Village - Bhulí, B- Block, P.O. Bhuli Nagar, P.S. Bhuli Nagar, DistrictDhanbad.

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Dwarika Nath Sharma, son of, Late Dudh Nath Sharma, R/o Village Bhuli, B-Block, P.O. Bhuli Nagar, P.S. Bhuli Nagar, District-Dhanbad

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Janak Dhari Singh, son of, Late Bhutul Singh, R/o, Village Rahargora, Dobi Kulhi, P.O. Nagnagar, P.S. Barawadih, DistrictDhanbad

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Sohail Ahinad, son of, Mangoor Ahmad, R/o village-Bhulinagar, B-Block, Q.N. 356, P.O. Bhuli Nagar, P.S. Bhuli Nagar, DistrictDhanbad.

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Shambhu Nath Tiwary, son of, Ram Awadh Tiwary. R/o VillageBhulinagar, B- Block. Q.N. 356-B, P.O. Bhuli Nagar, P.S. Bhuli Nagar, district-Dhanbad.

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Biswanath Prasad Gupta, son of, Sahadeo Prasad, R/o villageBhuli B/356, Ρ.Ο. Bhuli Nagar, P.S. Bhuli Nagar, districtDhanbad.

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Md. Attauddin, Son of Late Amir Mian, R/o Village Susnilewa, P.O. Nagnagar P.S. Barwadda, District-Dhanbad.

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Rahmatali, Son of Late Bihari Mian, R/o Village Susnilewa, P.O. Nag nagar, P.S. Barwadda, District-Dhanbad.

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Ahmad Ali, Son of, Late Mian Jaan Mian R/o Village Susnilewa, P.O. Nag nagar, P.S. Barwadda, District-Dhanbad.

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10.Khus Mohamed, son of, Late Makbool Mian, R/o Village Susnilewa, P.O. Nag nagar, P.S. Barwadda, District-Dhanbad.

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11.Sher Ali, son of, Late Bihari Mian, R/o Village Susnilewa, P.O. Nag nagar, P.S. Barwadda, District-Dhanbad,

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12.Anwar Hussain, son of, Charku Mian, R/o Village-Karmidih. PO. Kalyanpur, P.S. Barwadda, District-Dhanbad

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13.Late Ishad Ali @ Irshad Ali, Khatna Biwi W/o representing her deceased husband R/o Village-Karmdih, P.O. Kalyanpur, P.S. Barwadda, District Dhanbad

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14.Hanif, son of, Late Budhu Mian, R/o Village Karmidih, P.O. Kalyanpur, P.S. Barwadda, District-Dhanbad

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15.Birbal Mahto, son of Late Chutu Mahto, R/o Village-Karmidih, P.O. Kalyanpur, P.S. Barwadda, District-Dhanbad

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16.Ram Ratan, son of, Charku Mian, R/o Village-Karmidih, P.O. Kalyanpur, P.S. Barwadda, District-Dhanbad

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17.Sarjoo Sah, son of Late Ramdas Sah, R/o Village Bhuli Nagar, Q.N. 168 A, P.O. Bhuli Nagar, P.S. Bhuli Nagar, DistrictDhanbad.

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18.Late Chandradhar Ram, Krishna Kumar chouhan, representing his deceased father, R/o Village Meamco Rahargora. P.O. Nagnagar, P.S. Barwadda, District- Dhanbad.

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19.Lal Mahto, son of Sova Mahto, R/o Village Bhelatand, P.O. Nagnagar, P.S Barwadda, District Dhanbad.

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20.Suresh Sharma, son of Late M.L. Sharma, R/o Near Barmasia Middle School, P.O. & P.S. Dhansar, District-Dhanbad.

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21.Md. Kasim, Son of Late Md. Suleman, R/o Village Bhuli Nagar, Q.N. 397 Α, Ρ.Ο. Bhuli Nagar, P.S. Bhuli Nagar, districtDhanbad.

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22.Rojan Ansari, son of Late Bachhu Mian, residen of Village Kurmidih, P.O Kalyanpur, P.S. Barwadda, District- Dhanbad.

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23.Shankar Prasad Mahto, son of Late Bhadru Mahto, R/o village Bhelatand, P.O. Nagnagar, P.S. Barwadda, District- Dhanbad.

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24.Jainath Singh S/o Late Chamtu Singh, representing his deceased father R/o Village Thakurkolhi, P.O. Nagnagar, P.S. Dhanbad, District Dhanbad. … … Respondents

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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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--For the Petitioner : Mr. Shubham Sinha, AC to Mr. Nipun Bakshi, Advocate For the Respondents :

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18 /09.04.2024 The learned counsels for the parties are present.

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2. This writ petition has been filed for the following reliefs:

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(a) “ Issuance of a writ of or in the nature of a certiorari for quashing the order dated 04.06.2010 passed by Shri O.P. Pandey, the learned Presiding Officer of Labour Court, Dhanbad, in M.J. Case No.11 of 2010 whereby the petitioner’s objection regarding maintainability of the said claim case in view of the said claims having been already decided by the Hon’ble Jharkhand High Court earlier in Cont. (Civ) Case No.811 of 2003, has been rejected on the plea that contempt jurisdiction is different and computation jurisdiction is different;

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(b) For issuance of appropriate writ or order or direction for quashing the M.J. Case No.11 of 2010 pending before Labour Court, Dhanbad;

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(c) Issuance of any other or further order or orders as may be necessary for doing conscionable justice to the petitioners.

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I.A. No. 3281 of 2024

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3. The learned counsel for the petitioner submits that this interlocutory application has been filed seeking withdrawal of the writ petition. He submits that the writ petition was filed on the point of jurisdiction while the matter was pending before the learned court, and

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as of now, no proceeding is pending as the main petition was dismissed for default. The prayer for restoration of the said petition has been rejected twice. These details have been mentioned in the interlocutory application. Through the interlocutory application, it has been brought on record that no proceeding is pending before the learned court.

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4. The learned counsel submits that, if the proceedings in the concerned court is revived by way of restoration of the case, liberty be reserved with the petitioner to take fresh steps.

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5. Considering the aforesaid submissions, the present writ petition is dismissed as withdrawn. Accordingly, I.A. No.3281 of 2024 stands disposed of.

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6. The point involved in this case is left open.

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7. If the MJ Case No. 11 of 2010 is restored at any point of time, it will be open to the petitioner to agitate the point involved in this case in accordance with law.

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(Anubha Rawat Choudhary, J.)

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Saurav

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M/S Jardine Henderson Limited v. Durga Prasad Yadav And Ors.

Case brief

What is this about?

What the court decided

M/S Jardine Henderson Limited v. Durga Prasad Yadav And Ors.

Case brief

What is this about?

What the court decided

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