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M/S Prb Associates Represented through Its One of the Partner Namely Mahendra Mishra v. the State of Jharkhand

Writ Petition (Civil) – dismissal for default before Labour Court

Jharkhand HC6 Dec 2025WPC/6857/2025

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What is this about?

Jharkhand High Court, Ranchi; W.P.(C) No. 6857 of 2025; neutral citation 2025:JHHC:36587; decided 06.12.2025 by Rajesh Kumar, J. Restoration of employer M/s PRB Associates' ESI Case No. 01 of 2011 before the Labour Court, Jamshedpur after dismissal for default on 25.02.2025 despite the opposite party's witness being present and unexamined. Keywords: dismissal for default; discharge of witness; cross-examination absence; ESIC proceedings; restoration to original file; Labour Court Jamshedpur.

What did the court decide?

Impugned order dated 25.02.2025 set aside; ESI Case No. 01 of 2011 restored to its original file; writ petition disposed of with the above observation and direction. ¶26

M/S Prb Associates Represented through Its One of the Partner Namely Mahendra Mishra Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

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2025:JHHC:36587

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THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(C) No. 6857 of 2025

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M/s PRB Associates situated at M-21(P), Phase-IV Industrial Area, Adityapur, P.O. & P.S.-Gamharia, District-Seraikella-Kharsawan represented through it's one of the partner namely Mahendra Mishra S/o Baikunth Nath Mishra, aged about 66 Years, residents of H.No.107, L.P. School Road, Jugsalai, P.O. & P.S.-Jugsalai, District-East Singhbhum, Jamshedpur …......... Petitioner(s)

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Vrs.

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The State of Jharkhand

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Regional Director, Employee State Insurance Corporation, Regional Office, Jharkhand, Namkum, P.O. & P.S.-Namkum, District-Ranchi

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Assistant Regional Director, E.S.I. Corporation, Regional Office, Namkum, P.O. & P.S.-Namkum, District-Ranchi

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Recovery Officer, E.S.I. Corporation, Regional Office, Jharkhand, P.O. & P.S.-Namkum, District-Ranchi .......... Respondents

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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner(s) : Mr. Jitesh Kumar, Advocate For the Respondent : Mr. Ravi Prakash Mishra, AC to AAG-II

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02/06.12.2025 The impugned order dated 25.02.2025 passed by the Presiding Officer, Labour Court, JSR in connection with ESI Case No. 01 of 2011 reads as under:

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“ 25.02.2025 Applicant take no step on behalf of O.P. Ld. Dr. S.B. Singh file attendance along with witness Ravi Shankar.

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Ld. Counsel for the O.P. submit that this case is pending since 2011 and the witness is coming to the court for 4 days and the applicant after receiving of witness left the case.

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25.02.2025 Continue :- Further also submit that this case is due to leeches of applicant previously dismiss for default.

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Lastly he pray for dismiss this case after discharging the witness.

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From perusal of the order dated 28.01.22 it transpire that this case is dismissal for default then this case is restore on 31.07.24 by order dt. 15.07.24 passed in Misc. Case 18 / 2022.

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The witness examination in chief on affidavit is filed on 24.01.25.

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Therefore, in above & circumstance in the interest of justice the witness Ravi Shanker OPW-1 is discharged

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W.P.(C) No. 6857 of 2025

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2025:JHHC:36587

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as no one turn-up up to 4:15 P.M. to cross examine him. Accordingly, the case is dismiss for default. ”

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The writ petition is a company M/s PRB Associates who has filed a petition before the learned Labour Court, JSR which has been numbered as ESI Case No. 01 of 2011. The case has been dismissed for default, although as per the above order, witness was present and not been examined by the opposite party.

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That cannot be a ground for dismissing the petition for default.

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In that view of the matter, the order dated 25.02.2025 passed by the learned Labour Court, JSR in connection with ESI Case No. 01 of 2011 is set aside. The petition filed by the petitioner being ESI Case No. 01 of 2011 is restored to its original file.

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