High Court Jharkhand High Court

Jharkhand Hill Area Lift Irrig vs Harihar Yadav & Ors on 4 May, 2011

Jharkhand High Court
Jharkhand Hill Area Lift Irrig vs Harihar Yadav & Ors on 4 May, 2011
                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             L.P.A. No. 77 of 2009
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                 State of Jharkhand & Anr. Versus Harihar Yadav & Ors.
                                       With
                                 L.P.A. No. 79 of 2009
     Jharkhand Hill Area Lift Irrigation Corpn. & Anr. Vs. Harihar Yadav & Ors.
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                 CORAM:           HON'BLE MR. JUSTICE PRAKASH TATIA
                                   HON'BLE MR. JUSTICE H.C. MISHRA
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                 For   the   Appellant-State:           Mr.   Anil Kumr Sinha,A.G.
                 For   the   State of Bihar :           Mr.   S.P.Roy
                 For   the   Respondent       :         Mr.   Shekhar Prasad Sinha
                 For   the   BHALCO           :         Mr.   S.K.Dwevedi
                                       ------
11/ 04.05.2011

We have heard learned counsel for the parties at length.

However, it is not on record as well as not coming out from

the impugned judgment dated 12th January, 2009, that whether

any meeting of the Managing Director, BHALCO and Managing

Director, JHALCO as well as the Secretaries of the Government of

Bihar and Government of Jharkhand took place and any final

decision was taken by them or not. Hon’ble Supreme Court has

clearly directed that the High Court shall decide the matter after

taking the final decision regarding mode of payment etc. to the

employees, in the light of any report submitted by the said

authorities.

In view of the above reasons, we direct the State of Bihar

and State of Jharkhand as well as the Managing Directors of

BHALCO and JHALCO to submit their detailed affidavit with

respect to the steps taken in pursuance of the direction given by

the Hon’ble Supreme Court in the judgment dated 8th July, 2008

and if any decision has been taken then the said report must be

submitted.

Put up this Case on 16th May, 2011.

Learned counsel for the Employees is directed not to

proceed further with the Contempt petition without leave of this

Court.

(Prakash Tatia, J)

(H.C. Mishra, J)

Alankar/SI