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High Court Of ChhattisgarhWA/318/2018dismissed

Ramesh Verma v. The State Of Chhattisgarh

2018-04-19Hon'Ble Shri Justice Prashant Kumar Mishra,Hon'Ble Shri Justice Ram Prasanna Sharma17 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 318 of 2018 Ramesh Verma, S/o Dwarika Prasad, Aged About 50 Years, R/o Ganesh Chowk , Ward No. 12, Labour Camp, Jamul, Tahsil and District Durg Chhattisgarh., District Durg, Chhattisgarh State of Chhattisgarh, through Labour Secretary and Labour Commissioner Raipur, District Raipur (C.G.)

President, State Industrial Court of Chhattisgarh at Raipur, Mahanadi Khand, Near D K S Bhawan Raipur, District Raipur Chhattisgarh Pragatisheel Cement Shramik Sangh, Labour Camp Jamul Bhilai District Durg Chhattisgarh, District : Durg, Chhattisgarh General Manager (Now Vice President) The Associated Cement Companies Limited , Registered Under Indian Companies Act with the Registrar of Companies, Bombay, Registered Office At Cement House 121, Maharshi Karve Road, Mumbai - 20 Carrying On Manufacture Of Cement In The Name Of Jamul Cement Works At Jamul Tahsil And District Durg Chhattisgarh Through Its Vice President I. M. Sharma., ---- Respondents And Writ Appeal No. 319 of 2018 Puniya Bai Sahu, W/o Late Lekhu Ram Sahu, Aged About 58 Years R/o Subhash Nagar, ACC Jamul, Ward No. 10, Jamul, Jamul Cement Works, Distt. Durg, Chhattisgarh.

The State Of Chhattisgarh Through Labour Secretary and Labour Commissioner, Raipur, District Raipur, Chhattisgarh. President, State Industrial Court of Chhattisgarh at Raipur, Mahanadi Khand, Near D. K. S. Bhawan, Raipur, Distt. Raipur, Chhattisgarh.,

Pragatisheel Cement Shramik Sangh, Labour Camp, Jamul, Bhilai, Distt. Durg, Chhattisgarh., District : Durg, Chhattisgarh General Manager(Now Vice President), The Associated Cement 121, Maharshi Karve Road, Mumbai 20, Carrying On Manufacture Of Distt. Durg, Chhattisgarh. Through Its Vice President I. M. Sharma., ---- Respondents Writ Appeal No. 321 of 2018 Paltan Kaushal S/o Bhagela, Aged About 65 Years R/o Ganesh Chowk, Ward No. 5, Jamul, Tahsil And District Durg Chhattisgarh. The State of Chhattisgarh Through Labour Secretary And Labour Commissioner, Raipur, District Raipur Chhattisgarh., District : Raipur, Khand, Near D.K.S. Bhawan, Raipur, District Raipur Chhattisgarh.

, Pragatisheel Cement Shramik Sangh, Labour Camp, Jamul, Bhilai, Companies Limited, Registered Under Inidan Companies Act With The 121, Maharshi Karve Road, Mumbai - 20 Carrying On Manufacture Of Cement In The Name of Jamul Cement Works At Jamul, Tahsil And District Durg Chhattisgarh. Through Its Vice President I. M. Sharma., ---- Respondents Writ Appeal No. 323 of 2018 Bhanu Yadav S/o Pardeshi Ram Yadav Aged About 49 Years R/o Ward No. 5, Ganesh Nagar, A C C Jamul, Jamul Cement Works District Durg Chhattisgarh.

State of Chhattisgarh State Industrial Court Of Chhattisgarh At Raipur , Mahanadi Khand, Near D K S Bhawan Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh President , State Industrial Court Of Chhattisgarh At Raipur , Mahanadi Khand, Near D K S Bhawan Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh Pragatisheel Cement Shramik Sangh, Labour Camp Jamul Bhilai District Durg Chhattisgarh., District : Durg, Chhattisgarh General Manager ( Now Vice President ) The Associated Cement 121, Maharshi Karve Road, Mumbai - 20 Carrying On Manufacture Of Cement In The Name Of Jamul Cement Works At Jamul Tahsil And District Durg Chhattisgarh Through Its Vice President I. M. Sharma, Writ Appeal No. 326 of 2018 Devki Sahu W/o Suraj Bhan Sahu Aged About 61 Years R/o 430, Ward No. 08, ACC Colony, Jamul, Jamul Cement Works Durg District Durg Chhattisgarh.

The State Of Chhattisgarh Through Labour Secretary And Labour Commissioner, Raipur District Raipur Chhattisgarh, District : Raipur, President, State Industrial Court Of Chhattisgarh At Raipur , Mahanadi Khand, Near D K S Bhawan Raipur District Raipur Chhattisgarh., Pragatisheel Cement Shramik Sangh, Labour Camp Jamul Bhilai General Manager ( Now Vice President ) The Associated Cement

121, Maharshi Karve Road, Mumbai - 20 Carrying On Manufacture Of Cement In The Name Of Jamul Cement Works At Jamul Tahsil And District Durg Chhattisgarh Through Its Vice President I. M. Sharma, Writ Appeal No. 330 of 2018 Ramchandra Kalme S/o Tulsi Ram Kalme, Aged About 59 Years R/o Ram Mandir Talab, Jamul, Ward No. 5, Tahsil And District Durg Chhattisgarh.

State of Chhattisgarh Through Labour Secretary And Labour Commissioner, Raipur, District Raipur Chhattisgarh., District : Raipur, Khand, Near D.K.S. Bhawan, Raipur, District Raipur Chhattisgarh., Pragatisheel Cement Shramik Sangh, Labour Camp, Jamul, Bhilai, Companies Limited, Registered Under Inidan Companies Act With The 121, Maharshi Karve Road, Mumbai - 20 Carrying On Manufacture Of District Durg Chhattisgarh. Through Its Vice President I. M. Sharma., Writ Appeal No. 331 of 2018 Kunj Bai Satnami W/o Daulal Satnami, Aged About 55 Years R/o Bhagwat Chouk, Labour Camp, Ward No. 8, Jamul, Jamul Cement Works, Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh

1. State Of Chhattisgarh Through Labour Secretary And Labour Commissioner, Raipur, District Raipur Chhattisgarh.

2. President, State Industrial Court Of Chhattisgarh At Raipur, Mahanadi Khand, Near D.K.S. Bhawan, Raipur, District Raipur Chhattisgarh.,

3. Pragatisheel Cement Shramik Sangh, Labour Camp, Jamul, Bhilai,

4. General Manager (Now Vice President), The Associated Cement 121, Maharshi Karve Road, Mumbai-20 Carrying On Manufacture Of District Durg Chhattisgarh Through Its Vice President I.M. Sharma., Writ Appeal No. 332 of 2018 Damar Singh Banchhor S/o Hublal Banchhor, Aged About 56 Years R/o Ward No. 5, Karanja Bhilai, Kachandur, Karanja Bhilai, District Durg Chhattisgarh., District : Durg, Chhattisgarh

1. State Of Chhattisgarh Through Labour Secretary And Labour Commissioner, Raipur, District Raipur Chhattisgarh., District : Raipur,

2. President, State Industrial Court Of Chhattisgarh At Raipur, Mahanadi Khand, Near D.K.S. Bhawan, Raipur, District Raipur Chhattisgarh.,

3. Pragatisheel Cement Shramik Sangh, Labour Camp, Jamul, Bhilai,

4. General Manager (Now Vice President), The Associated Cement 121, Maharshi Karve Road, Mumbai-20 Carrying On Manufacture Of

District Durg Chhattisgarh Through Its Vice President I.M. Sharma., Writ Appeal No. 334 of 2018 Bansh Narayan S/o Ram Lakhan Singh Aged About 66 Years R/o House No. 198, Ward No. 17 Rajiv Nagar, Chhavani Shankar Mandir Bhilai, Tahsil And District Durg Chhattisgarh.

1. The State Of Chhattisgarh Through Labour Secretary And Labour Commissioner, Raipur District Raipur Chhattisgarh, District : Raipur,

2. President, State Industrial Court Of Chhattisgarh At Raipur, Mahanadi Khand, Near D K S Bhawan Raipur District Raipur Chhattisgarh.,

3. Pragatisheel Cement Shramik Sangh, Labour Camp Jamul Bhilai

4. General Manager ( Now Vice President ) The Associated Cement Registrar Of Companies, Bombay , Registered Office At Cement House 121, Maharshi Karve Road, Mumbai - 20 Carrying On Manufacture Of Cement In The Name Of Jamul Cement Works At Jamul Tahsil And District Durg Chhattisgarh Through Its Vice President I. M. Sharma, Writ Appeal No. 335 of 2018 Bisantin Bai W/o Late Ramayan Singh Sahu, Aged About 55 Years R/o Ganesh Nagar, Jamul, Ward No. 5, Jamul, Jamul Cement Works,

1. State Of Chhattisgarh Through Labour Secretary And Labour Commissioner, Raipur, District Raipur Chhattisgarh., District : Raipur,

2. President State Industrial Court Of Chhattisgarh At Raipur, Mahanadi Khand, Near D.K.S. Bhawan, Raipur, District Raipur Chhattisgarh.,

3. Pragatisheel Cement Shramik Sangh, Labour Camp, Jamul, Bhilai,

4. General Manager (Now Vice President), The Associated Cement Companies Limited, Registered Under Inidan Companies Act With The 121, Maharshi Karve Road, Mumbai - 20 Carrying On Manufacture Of District Durg Chhattisgarh. Through Its Vice President I. M. Sharma., Writ Appeal No. 336 of 2018 Ram Prasad S/o Chhote Lal, Aged About 65 Years R/o Village Janakpur, Majra, Dhata, Karikan, Fatehpur (Uttar Pradesh) State Of Chhattisgarh Through Labour Secretary And Labour Commissioner, Raipur, District Raipur Chhattisgarh., District : Raipur, Khand, Near D.K.S. Bhawan, Raipur, District Raipur Chhattisgarh., Pragatisheel Cement Shramik Sangh, Labour Camp, Jamul, Bhilai, 121, Maharshi Karve Road, Mumbai-20 Carrying On Manufacture Of

District Durg Chhattisgarh Through Its Vice President I.M. Sharma., Writ Appeal No. 344 of 2018 Mangal W/o Late Baba Rao Aged About 68 Years R/o 511, ACC Labour Camp, Ganesh Chowk, Ram Mandir, Ward No. 12, Jamul, Jamul Cement Works, Durg, District- Durg, Chhattisgarh., District : Durg, The State Of Chhattisgarh Through Labour Secretary And Labour Commissioner, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Khand, Near D.K.S. Bhawan, Raipur, District Raipur, Chhattisgarh., Pragatisheel Cement Shramik Sangh, Labour Camp, Jamul, Bhilai, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh 121, Maharshi Karve Road, Mumbai-20 Carrying On Manufacture Of District- Durg, Chhattisgarh. Through It's Vice President I. M. Sharma., ----Respondents Writ Appeal No. 345 of 2018 Chakrawarty S/o Sunder, Aged About 38 Years R/o B.E.C. Chowk, Rajeev Nagar, Udiya Mohalla, Chhawani, Bhilai, District Durg Chhattisgarh.

The State of Chhattisgarh Through Labour Secretary And Labour Commissioner, Raipur, District Raipur Chhattisgarh.

Khand, Near D.K.S. Bhawan, Raipur, District Raipur Chhattisgarh., Pragatisheel Cement Shramik Sangh, Labour Camp, Jamul, Bhilai, 121, Maharshi Karve Road, Mumbai-20 Carrying On Manufacture Of District Durg Chhattisgarh Through Its Vice President I.M. Sharma., Writ Appeal No. 346 of 2018 Chaiti Yadav W/o W/o Hincha Yadav Aged About 62 Years R/o Ganesh Chowk, A. C. C. Jamul, Ward No. 2, Jamul Durg, Jamul Cement Works, District- Durg, Chhattisgarh.

1. State Of Chhattisgarh Through Labour Secretary And Labour Commissioner, Raipur, District- Raipur, Chhattisgarh., District : Raipur,

2. President, State Industrial Court Of Chhattisgarh At Raipur, Mahanadi Khand, Near D.K.S. Bhawan, Raipur, District Raipur, Chhattisgarh., Pragatisheel Cement Shramik Sangh, Labour Camp, Jamul, Bhilai, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh 121, Maharshi Karve Road, Mumbai-20 Carrying On Manufacture Of District- Durg, Chhattisgarh. Through It's Vice President I. M. Sharma.,

Writ Appeal No.347 of 2018 Jeevan Lal Nirmalkar S/o Ramadhin Nirmalkar, Aged About 56 Years R/o Vishvakarma Chowk, Ward No. 2, Jamul, Tahsil And District Durg Chhattisgarh.

The State Of Chhattisgarh Through Labour Secretary And Labour Commissioner, Raipur, District Raipur Chhattisgarh., District : Raipur, Khand, Near D.K.S. Bhawan, Raipur, District Raipur Chhattisgarh., Pragatisheel Cement Shramik Sangh, Labour Camp, Jamul, Bhilai, 121, Maharshi Karve Road, Mumbai-20 Carrying On Manufacture Of District Durg Chhattisgarh Through Its Vice President I.M. Sharma., ----Respondents Writ Appeal No. 352 of 2018 Dhannu Thakur S/o Sunhar Thakur Aged About 69 Years R/o Bhagwat Chouk, Labour Camp, Ward No. 8, Jamul, Jamul Cement Works, DistrictDurg, Chhattisgarh. The State of Chhattisgarh Through Labour Secretary And Labour Commissioner, Raipur, District- Raipur, Chhattisgarh., District : Raipur,

Khand, Near D.K.S. Bhawan, Raipur, District Raipur, Chhattisgarh., Pragatisheel Cement Shramik Sangh, Labour Camp, Jamul, Bhilai, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh 121, Maharshi Karve Road, Mumbai-20 Carrying On Manufacture Of District- Durg, Chhattisgarh. Through It's Vice President I. M. Sharma., Writ Appeal No. 354 of 2018 Baisakhin W/o Takhat Ram, Aged About 54 Years R/o 218, Ward No. 12, Sangam Chowk, Labour Camp, Jamul, Durg, Jamul, District Durg Chhattisgarh., District : Durg, Chhattisgarh State of Chhattisgarh Through Labour Secretary And Labour Commissioner, Raipur, District Raipur Chhattisgarh., District : Raipur, Khand, Near D.K.S. Bhawan, Raipur, District Raipur Chhattisgarh., Pragatisheel Cement Shramik Sangh, Labour Camp, Jamul, Bhilai, General Manager, (Now Vice President), The Associated Cement 121, Maharshi Karve Road, Mumbai - 20 Carrying On Manufacture Of District Durg Chhattisgarh Through Its Vice President I.M. Sharma.,

----Respondents Writ Appeal No. 357 of 2018 Sudama Ram S/o Gokul Ram Aged About 59 Years R/o Ward No. 14, Rajeev Nagar, ACC Cement, Jamul, Jamul Works, Durg, District- Durg, Chhattisgarh., The State Of Chhattisgarh Through Labour Secretary And Labour Commissioner, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Khand, Near D.K.S. Bhawan, Raipur, District Raipur, Chhattisgarh., Pragatisheel Cement Shramik Sangh, Labour Camp, Jamul, Bhilai, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh 121, Maharshi Karve Road, Mumbai-20 Carrying On Manufacture Of District- Durg, Chhattisgarh. Through It's Vice President I. M. Sharma., Writ Appeal No. 359 of 2018 Santoshi Bai Nirmalkar W/o Late Mannu Ram Aged About 52 Years R/o Ward No. 5, Ganesh Nagar, Jamul Jamul Cement Works, District Durg, Chhattisgarh., District : Durg, Chhattisgarh The State Of Chhattisgarh Through Labour Secretary And Labour Commissioner, Raipur, District- Raipur, Chhattisgarh, District : Raipur,

Khand, Near D.K.S. Bhawan, Raipur, District Raipur, Chhattisgarh., Pragatisheel Cement Shramik Sangh, Labour Camp, Jamul, Bhilai, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh 121, Maharshi Karve Road, Mumbai-20 Carrying on Manufacture Of Cement In The Name of Jamul Cement Works At Jamul, Tahsil And District- Durg, Chhattisgarh. Through It's Vice President I. M. Sharma., Writ Appeal No. 363 of 2018 Vinita Suman W/o W/o T. K. Suman, Aged About 52 Years R/o Ward No. 29, AVB Sector-11, Zone-1, Khursipar Bhilai, Durg, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh State Of Chhattisgarh Through Labour Secretary And Labour Commissioner, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Khand, Near D.K.S. Bhawan, Raipur, District Raipur, Chhattisgarh.

, Pragatisheel Cement Shramik Sangh, Labour Camp, Jamul, Bhilai, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh General Manager, (Now Vice President), The Associated Cement 121, Maharshi Karve Road, Mumbai-20 Carrying On Manufacture Of District- Durg, Chhattisgarh. Through It's Vice President I. M. Sharma.

Writ Appeal No. 376 of 2018 Nakul Yadav S/o Baratu, Aged About 60 Years R/o Ganesh Chowk, Labour Camp, Ward No. 13, Jamul, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh The State of Chhattisgarh Through Labour Secretary And Labour Commissioner, Raipur, District Raipur Chhattisgarh., District : Raipur, Khand, Near D.K.S. Bhawan, Raipur, District Raipur Chhattisgarh., Pragatisheel Cement Shramik Sangh, Labour Camp, Jamul, Bhilai, 121, Maharshi Karve Road, Mumbai-20 Carrying On Manufacture Of District Durg Chhattisgarh Through Its Vice President I.M. Sharma., Writ Appeal No. 377 of 2018 Basu Bai (Vasu) W/o Ratanlal Aged About 70 Years R/o Ganesh Chowk Labour Camp, Ward No. 12, Jamul Tahsil And District Chhattisgarh., The State of Chhattisgarh Through Labour Secretary And Labour Commissioner , Raipur District Raipur Chhattisgarh ., District : Raipur, President, State Industrial Court Of Chhattisgarh At Raipur , Mahanadi Khand, Near D K S Bhawan Raipur District Raipur Chhattisgarh.,

Pragatisheel Cement Shramik Sangh, Labour Camp Jamul Bhilai General Manager ( Now Vice President ), The Associated Cement Companies Limited , Registered Under Indian Companies Act With The Registrar Of Companies , Bombay , Registered Office At Cement House 121, Maharshi Karve Road , Mumbai - 20 Carrying On Manufacture Of Cement In The Name Of Jamul Cement Works At Jamul Tahsil And District Durg Chhattisgarh Through Its Vice President I. M. Sharma ., District : Durg, Chhattisgarh AND Writ Appeal No. 382 of 2018 Narayan Verma S/o Mohan Verma, Aged About 61 Years R/o House No. 146, Durga Chowk, ACC Jamul, Ward No. 12, Durg, Tahsil And The State of Chhattisgarh Through Labour Secretary And Labour Commissioner , Raipur District Raipur Chhattisgarh .

, District : Raipur, President, State Industrial Court Of Chhattisgarh At Raipur , Mahanadi Khand, Near D K S Bhawan Raipur District Raipur Chhattisgarh., Pragatisheel Cement Shramik Sangh, Labour Camp Jamul Bhilai General Manager ( Now Vice President ), The Associated Cement Companies Limited , Registered Under Indian Companies Act With The Registrar Of Companies , Bombay , Registered Office At Cement House 121, Maharshi Karve Road , Mumbai - 20 Carrying On Manufacture Of Cement In The Name Of Jamul Cement Works At Jamul Tahsil And District Durg Chhattisgarh Through Its Vice President I. M. Sharma .

For the Appellants :- Mr. Punit Ruparel, Advocate For State :- Mr. Prafull N. Bharat, Additional Advocate General.

Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Ram Prasanna Sharma Order on Board By Prashant Kumar Mishra, J.

19.04.2018 After hearing learned counsel for the parties on the applications for condonation of delay in filing the appeals (IA No.01/18) in all the above mentioned cases except WA No.376/2018, WA No.377/2018 & WA No.382/2018, delay in filing the appeals is hereby condoned.

We have also heard the learned counsel for the Appellants/Writ Petitioners. We have also heard the learned Additional Advocate General.

Whatever be the contentions of the appellants in these appeals, the fact of the matter remains that the impugned order, on its face, was issued by the learned Single Judge on the premise of a request on behalf of the Writ Petitioners that the Writ Petitions may be disposed of in terms of the verdict in the case Ghanaram Verma Vs State of Chhattisgarh and others (WPS6107 of 2017). That being so, judicial comity and propriety do not persuade us to entertain these Writ Appeals. We cannot but

therefore, close this Writ Appeals without prejudice to the right, if any, of the Writ Petitioners/appellants to pursue any remedy before the learned Single Judge, by way of review or otherwise. Subject to what is aforesaid, these Writ Appeals are dismissed.

Sd/- Sd/- Judge Judge (Prashant Kumar Mishra) (Ram Prasanna Sharma) Bini