Sevak Ram Kamde v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 402 of 2018 • Sevak Ram Kamde S/o Chandu Lal Kamde Aged About 58 Years R/o 115, Dewada, Durg, Tahsil And District- Durg, Chhattisgarh. ----Appellant

Versus

1. The 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, District- Durg, Chhattisgarh.

4. 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 It's Vice President I. M. Sharma., District : Durg, Chhattisgarh ---- Respondents For Appellant Shri Punit Ruparel, Advocate.

For State Shri Prafull N Bharat, Additional A.G.

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

20.04.2018

1. We have heard the learned counsel for the Appellant/Writ Petitioner. We have also heard the learned Additional Advocate General.

2. Whatever be the contentions of the appellant in this appeal, 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 Petitioner that the Writ Petition may be disposed of in terms of the verdict in the case Ghanaram Verma Vs State of Chhattisgarh and others (WPS-6107 of 2017). That being so, judicial comity and propriety do not persuade us to entertain this Writ Appeal. We cannot but therefore, close this Writ Appeal without prejudice to the right, if any, of the Writ Petitioner/appellant to pursue any remedy before the learned Single Judge, by way of review or otherwise.

3. Subject to what is aforesaid, this Writ Appeal is dismissed. Sd/- Sd/- Judge Judge (Prashant Kumar Mishra) (Ram Prasanna Sharma) Akhilesh