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2025 DAILYLAW 18903 (JHR)

BADRI NATH ROY v. THE STATE OF JHARKHAND

Cont.(Cvl)/605/2024 · 2025-08-25

Anubha Rawat Choudhary

body2025

Judgment text

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2025: JHHC: 25180 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cont. Case (Civil) No. 605 of 2024 Badri Nath Roy, aged about 60 years, son of Late Habu Babu Roy, resident of J.C. Mallick Road, Near Pragati Enclave Apartment, Hirapur, P.O. Hiranpur, P.S. Dhanbad … … Petitioner Versus 1. The State of Jharkhand 2. Mr. Samiran Dutta, son of not known, Chairman cum Managing Director, Bharat Coking Coal Limited, office at Koyala Bhawan, P.O. Koyala Nagar, P.S. Saraidhela, Dist. Dhanbad-826005 3. Mr. Binit Kumar Sinha, son of not known, The senior Manager, Personnel, Cental Hospital, Bharat Coking Coal Limited, P.O. Jagjiwan Nagar, P.S. Saraidhela, Dist. Dhanbad-826003 4. Kumari Shweta, The Deputy Manager (Personnel), Central Hospital, P.O. Jagjiwan Nagar, P.S. Saraidhela, Dist. Dhanbad-826003 5. Rajesh Kumar Thakur, Son of not known, The Chief of Medial Services, Central Hospital, P.O. Jagjiwan Nagar, P.S. Saraidhela, Dist. Dhanbad-826003 … … Opp. Parties --- CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner : Mr. Manoj Kr. Sinha, Advocate For the Opp. Parties : Mr. Manoj Kr. Sinha, Advocate For the O.P. Nos. 2 to 5 : Mr. Manish Kumar, Advocate --- 10/25th August 2025 1. Learned counsel for the parties are present. 2. This petition has been filed for initiation of contempt proceeding against the opposite parties who are alleged to have intentionally, willfully and deliberately not complied the order passed by this Court vide order dated 13.03.2024 in W.P. (S) No. 1361 of 2023. 3. Learned counsel for the opposite party Nos. 2 to 5 has submitted that the order dated 13.03.2024 passed in W.P. (S) No. 1361 of 2023 has been complied, inasmuch, the 50% back wages has already been paid to the petitioner. So far as the payment of interest is concerned, he submits that the same will be paid within a period of 2 weeks’ from today. He 2025: JHHC: 25180 2 submits that this undertaking may be recorded by this Court which is at the instruction of opposite party No. 3. 4. A calculation sheet of the 50% back wages has been handed over to the learned counsel for the petitioner during the court proceedings. 5. Learned counsel for the petitioner has submitted that the calculation of 50% back wages is not in accordance with law. He submits that rights be reserved with the petitioner to dispute the calculation as per law. He has also submitted that if the contempt proceedings are dropped, it may be observed that if the interest as per the order of this Court is not paid, the petitioner may move this Court again. He has further submitted that there are other dues payable and only gratuity amount of Rs. 20,00,000/- has been paid to the petitioner. He submits that the post-retiral benefits are to be revised and arrears are to be paid. 6. To this, the learned counsel for the opposite party Nos. 2 to 5 has submitted that needful will be done shortly and remaining admissible dues will also be paid. 7. Considering the aforesaid facts and circumstances and the undertaking as given by the learned counsel for the opposite party Nos. 2 to 5, this Court is not inclined to proceed any further in this case. 8. If the interest amount with respect to the back wages in terms of order passed by this court in W.P. (S) No. 1361 of 2023 vide order dated 13.03.2024 is not paid to the petitioner as per undertaking, it will be open to the petitioner to move this Court again by filing appropriate petition including initiation of contempt proceedings as against opposite party No. 3. 9. So far as other dues is concerned, if the petitioner has any surviving grievance, he may take appropriate steps as per law. 10. Accordingly, this contempt proceedings are hereby dropped. (Anubha Rawat Choudhary, J.) Mukul/-