Randhir Kumar Karn v. The State of Jharkhand

--- : Mr. Vishal Kumar, Advocate (In Cont. Case 341/2020 & W.P. (L) No. 924/2022 : Mr. Indrajit Sinha, Advocate : Mr. Ankit Vishal, Advocate (In W.P. (L) No. 4378 of 2019) : Mr. Vishal Kumar, Advocate (In W.P. (L) No. 4378/2019) Mr. Indrajit Sinha, Advocate Mr. Ankit Vishal, Advocate (In Cont. Case 341/2020 & W.P. (L) No. 924/2022) : Mr. Anuj Burman, A.C. to G.A. IV (In Cont. Case 341/2020) For the Petitioner For the petitioner For the Respondent For the State --- Cont. Case (Civil)No. 341 of 2020 09/12.04.2024 Learned counsel for the parties are present.

Learned counsel for the opposite party no. 2 has submitted that the order dated 09.12.2019 with regard to payment to the respondent workman under section 17-B of the Industrial Disputes Act, 1947 has been complied and an amount of Rs. 22 lacs and odd with arrear and up to the month of April 2024 has been remitted to the account of the petitioner workman. He submits that on account of some confusion, the order could not be complied. He has also submitted that the core issue involved in the present case is whether the respondent is a workman or not? The learned counsel for the opposite party submits that the contempt proceedings may be dropped.

The learned counsel for the petitioner does not dispute that arrear with payment up to April 2024 has been received by the petitioner. However, he submits that at this stage, the merit of the case may not be entered into. He also submits that it may be observed that the petitioner would continue to abide by the order of this Court during the pendency of the present case. He seeks one adjournment to file counter affidavit in the writ petition filed by the management and on the next date, he will prepare himself for the final disposal of these matters.

Considering the aforesaid submissions, the order dated

09.12.2019 having been complied by the opposite party, though belatedly, this Court is not inclined to proceed further in contempt case civil No. 341 of 2020 and accordingly the contempt proceedings are hereby dropped.

However, it is made clear that the petitioner would continue to abide by the order dated 09.12.2019 passed in W.P. (L) No. 4378 of 2019 during the pendency of this case. 6.

I.A. No. 3568 of 2024 in W.P. (L) No. 4378 of 2019 Learned counsel for the petitioner has submitted that since the order passed by this Court under section 17-B has been complied, 2 though belatedly, the execution case being Execution Case No. 113 of 2022 pending in the court of learned Presiding Officer, Labour Court, Jamshedpur be stayed. He has also submitted that he is also ready to argue the case finally.

The learned counsel for the respondent has submitted that today is the date fixed in the execution proceeding.

After hearing learned counsel for the parties and considering the facts and circumstances of this case and the fact that order passed by this court with regard to payment under section 17-B of Industrial Disputes Act having been complied, though belatedly, the Execution Case No. 113 of 2022 said to be pending in the court of learned Presiding Officer, Labour Court, Jamshedpur, or before any successor court is stayed till the next date of hearing. 10.

Let the photocopy of the records of the case in connection with I.A. No. 3568 of 2024 stands disposed of. the Award dated 08.05.2019 passed by learned Presiding Officer, Labour Court, Jamshedpur in I.D. Case No. 3 of 2015 be called for.

Let the counter affidavit in W.P. (L) No. 4378 of 2019 be filed by 15.04.2024.

Let the matters be placed on 30.04.2024 under the heading for ‘Final disposal’ to be taken up at 2.15. P.M.

Learned counsel for the parties are directed to file their short submissions of argument, list of dates and the judgment which they seek to rely upon along with common convenience compilation by

26.04.2024.

Let this order be communicated to the court concerned through FAX. Binit (Anubha Rawat Choudhary, J.) 3