IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A No. 492 of 2006
With
L.P.A. No. 511 of 2006
Tata Iron and Steel Company Limited... ... Appellant(in both cases)
Versus
State of Jharkhand & Others. ... ... Respondents.
CORAM: HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MRS. JUSTICE JAYA ROY
For the Appellant : Mr. Rajeev Ranjan, Advocate
For the Respondents : M/s. R.Bhengra, G.P.IV, Ashok Kumar,
J.C. to G.P.III, Anoop Kr. Mehta, Ashutosh
Anand, Sanjay Kr. Dwivedi, Mohan Kr.
Dubey, Manish Kumar, P.K.Bhowmik, Md.
Hatim and J.K.Dey,
Order No. 13 Dated 22nd June, 2011
1.
Heard learned counsel for the parties.
2. Since both appeals arise from the same impugned judgment, the
matters are being heard and decided together by this common order.
3. After going through the reasons given in the impugned judgment, we
are of the considered opinion that all aspects have been considered by the
learned Single Judge and thereafter rightly the writ petitions have been
dismissed with respect to the labour dispute for which reference has been
made by the appropriate Government to the Labour Court in view of the
fact that the labourers’ contention was that they are entitled to serve the
appellantorganization and the contention of the appellant is that the
labourers were though employed but after transfer of the entire unit to the
new company, the relationship of employer and employee ceased to exist in
view of Section 25FF of the Industrial Disputes Act, 1947 and it is also
contended that fresh appointment was given by the new company to these
employees and therefore, they have no right to claim their service in the
appellantorganization.
2
4. From the averments made by the parties, it is clear that there is
dispute and therefore the learned Single Judge has rightly dismissed
the writ petitions. We are in agreement with the views expressed by
the learned Single Judge. Therefore, both the appeals preferred by
the appellant are dismissed.
(Prakash Tatia, A.C.J.)
(Jaya Roy, J.)
R.S./Birendra