EMPLOYERS IN RELATION TO THE MANAGEMENT OF BOKARO STEEL PLANT THROUGH MR J. T. KONGARI v. THEIR WORKMEN REPRESENTED BY THE GENERAL SECRETARY JHARKHAND KRANTIKARI MAJDOOR UNION
C.Rev./6/2026 · 2026-06-12
Sanjay Prasad
Civil Appealbody2026
DailyLaw.ai
[ 2026 DAILYLAW 16612 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16612 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI Civil Review No. 06 of 2026
--------- Employers in relation to the Management of Bokaro Steel Plant, through Mr. J.T. Kongari, son of Late P.L. Kongari, aged about 57 years, working as Deputy General Manager (Law) Steel Authority of India Ltd., Bokaro Steel Limited, P.O., P.S. B.S. City, District Bokaro (Jharkhand)
..… Petitioner/Petitioner
Versus
1. Their Workman, represented by the General Secretary, Jharkhand Krantikari Majdoor Union, having its Office at Sector IXD, Street 38, Qr. No. 1587, Bokaro Steel City, P.O. & P.S. Bokaro Steel City, District Bokaro (Jharkhand).
2. Union of India through Secretary, Department of Labour.
….. Respondents/ Respondents
----------
CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
---------- For the Petitioner : Mr. Bibhas Sinha, Adv. For the U.O.I. : Mr. Prashant Pallav, A.S.G.I. For Resp.No. 1 : Mr. Rama Kant Tiwari, Advocate
--------- C.A.V. on 29.04.2026 Pronounced on 12.06.2026
The instant Civil Review has been filed on behalf of the petitioner for review of Paragraph 18 of the judgment dated 17.10.2025, passed in W.P.(L) No. 1904 of 2018 by this Court.
2.
The petitioner had prayed, inter alia, in the writ petition as follows: -
“(i) For issuance of appropriate writ, order or direction against the Award dated 26.12.2017 (communicated to the petitioner vide letter dated 21.02.2018) (Annexure-3) passed by Sri R.K. Sharan, Presiding Officer, Central Government Industrial Tribunal No.1, Dhanbad, in Reference No. 50 of 2011, whereby and whereunder the Learned Tribunal has been pleased to direct that the contract workers as per the list enclosed be regularized
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from date of reference phase wise by the Management of Bokaro Steel Plant in any department and the departments in which they are working within 30 days from the publication of Award, if the Award is not implemented within 30 days, the Management to give the workmen back wages from the date of publication of Award with a further direction that the workmen who have been rendering service and their E.P.F. has been deducted, their E.P.F. contribution and accumulation be given to them or their legal representative, immediately if any and each workmen be given lump sum Rs. 1,00,000/- in lieu of their regularization who have already died or attained the age of superannuation either to their legal representative or the retired workmen as the case may be; (ii) For issuance of such other writ (s), order (s) and direction(s) as to your Lordship may deem fit and proper in the facts and circumstances of the case.”
3.
Heard Mr. Bibhash Sinha, learned counsel for the petitioner, Mr. Prashant Pallav, learned counsel for the Union of India and Mr. Rama Kant Tiwari, learned counsel for Respondent No.1.
4.
It is submitted by the learned Counsel for the petitioner that the findings recorded at paragraph-18 of the
judgment dated 17.10.2025 passed in W.P. (L) No. 1904 of 2018 is contrary to the interim order dated 13.01.2020 passed in I.A. No. 11413 of 2019 and for that original case file of W.P.(L) No. 1904 of 2018 along with I.A. No. 11413 of 2019 and W.P.(L) No. 1658 of 2015 may be called and upon perusal of the same
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necessary order may be passed for review/modification of paragraph-18 of the judgment dated 17.10.2025.
It is submitted that it appears that while passing the final judgment dated 17.10.2025, error in recording finding of paragraph-18 particularly in sub-paragraph of paragraph-18 has occurred because it was not brought to the knowledge of this Hon'ble Court regarding order no. 04 dated 13.01.2020 passed with respect of I.A. No. 11413 of 2019 in W.P.(L) No. 1904 of 2018 which was listed along with W.P.(L) No. 1658 of 2015 on 13.01.2020.
It is submitted that as vide interim order dated 13.01.2020 initially the interim order was granted without fixing its time limit and hence there was no occasion to get the same extended on 25.11.2021, 20.09.2022, 21.10.2022, 29.11.2022 and 07.12.2022. Subsequently for the first time vide order dated 20.09.2023 this High Court has modified the earlier interim
order till next date of listing and thus, thereafter, on subsequent listing it was extended till next date of listing.
5.
It is submitted that had the order dated 13.01.2020 passed in I.A. No. 11413 of 2019 [W.P.(L) No. 1904 of 2018] would have been brought to the notice of this Hon'ble Court, then certainly on such occasion in paragraph-18 of the final judgment dated 17.10.2025 such finding could not have been recorded by this Court.
Photocopy of certified copy of
order dated 13.01.2020 is enclosed as Annexure-1 to this petition.
It is submitted that with respect of paragraph-18 of the judgment dated 17.10.2025 review is being also been sought in the instant case on the ground that relevant material / documents were not brought before this Hon'ble Court and they
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are of such a character that if the same has been produced, it might will not occasion for recording such finding at paragraph- 18 of the judgment.
6.
It is further submitted that in the said writ petition i.e W.P.(L) No. 1904 of 2018 one another I.A. No. 5750 of 2019 was also filed by the respondent Union for early hearing which was also disposed of and W.P.(L) No. 1658 of 2015 was
disposed of as infructuous.
7.
It is submitted that as the initial interim order dated 13.01.2020 was passed without fixing any time limit for expiry of the same and therefore, there was no occasion for the petitioner to pray for extension of the same on 25.11.2021, 20.09.2022, 21.10.2022, 29.11.2022 and 07.12.2022 respectively.
8.
It is submitted that for the first time by the Co- ordinate Bench (Hon'ble Mr. Justice Anil Kumar Chaudhary) of this Court on 20.09.2023, the interim order which was granted earlier, was modified fixing its time limit till next date of listing.
Web copy of order dated 20.09.2023 is enclosed as Annexure-2.
9.
It is submitted that since vide
order 20.09.2023, the extension of interim order was allowed "only till next date of listing", therefore, on subsequent dates of listing of the writ petition, the bonafide prayer was made for extension of the interim order, which will be evident from the subsequent dates of order sheets. Hence, judgment dated 17.10.2025, so far it relates to Paragraph 18, may be reviewed in respect of learned counsel for the petitioner on the point of interim order.
10.
On the other hand, learned counsel for Respondent No.1 has submitted that the order in question has
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been passed on the facts and in the circumstances of the case and hence, this review application is devoid of merit and fit to be dismissed.
11.
Perused the
judgment, ordersheets and considered the submission made on behalf of both the sides. 12. It reveals that the said writ petition i.e. W.P. (L) No. 1904 of 2018 along with I.A. No. 11413 of 2019 was listed with another W.P.(L) No. 1658 of 2015. Both the aforesaid writ petitions were taken up on 13.01.2020 and a Bench of this Court (Hon'ble Mr. Justice Rajesh Shankar) vide order no. 04 dated 13.01.2020 has passed an interim order in I.A. No. 11413 of 2019 [W.P.(L) No. 1904 of 2018] for stay of implementation, operation and execution of impugned award dated 26.12.2017. The operative portion of the said order dated 13.01.2020 reads as follows:-
"Having heard learned counsel for the parties and considering the relevant materials available on record, the implementation, operation and execution of the impugned award dated 26.12.2017 passed by the Central Government Industrial Tribunal No. 1, Dhanbad is hereby stayed. I.A. No. 11413 of 2019 stands disposed of."
Even another I.A. No. 5750 of 2019, which was filed by the respondent-Majdoor Union for early hearing of W.P.(L) No. 1904 of 2018 was also disposed of vide the same order dated
13.01.2020. 13. The aforesaid order dated 13.01.2020 is numbered ‘Order No.04’ in the file of W.P.(L) No. 1658 of 2015 and vide the said order dated 13.01.2020, the Co-ordinate Bench further disposed of W.P.(L) No. 1658 of 2015 also as
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having become infructuous. The copy of the said order dated 13.01.2020 is enclosed as Annexure-1 in the instant review petition. 14. It further reveals that the writ petition, being W.P.(L) No. 1904 of 2018, was heard on 31.07.2019 before the Co-ordinate Bench (Hon’ble Mr. Justice Rajesh Kumar) of this Court and on 25.11.2021 before the Co-ordinate Bench (Justice Kailash Prasad Deo, as His Lordship then was) and then on 21.10.2022, 29.11.2022 and 07.12.2022 before the Co-ordinate Bench (Hon’ble Mr. Justice Rajesh Kumar) of this Court. 15. It transpires that W.P.(L) No. 1904 of 2018 was again heard on 20.09.2023 and subsequently on 23.01.2024 by the Co-ordinate Bench (Hon’ble Mr. Justice Anil Kumar Choudhary) of this Court and vide the aforesaid two orders dated 20.09.2023 and 23.01.2024 for the first time interim order was extended. Later on the said case was again heard on 18.06.2024 by the Co-ordinate Bench (Hon’ble Mrs.
Justice Anubha Rawat Choudhary) of this Court and vide order dated 18.06.2024 was again continued. 16. It appears that the aforesaid writ petition, being W.P.(L) No.1904 of 2018 was placed before this Court for the first time on 23.07.2024 and the matter was heard on different dates. 17. Thereafter, this Court, vide judgment dated 17.10.2025 has dismissed the writ petition filed on behalf of the petitioner, i.e. the Management of Bokaro Steel Plant. 18. Paragraph 18 of the
judgment dated 17.10.2025 passed in W.P.(L) No. 1904 of 2018 reads as follows:-
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“Para 18:- It further transpires that no interim
order was passed by the earlier Co-ordinate Bench on 31.07.2019, 25.11.2021 (Hon’ble Mr. Justice Rajesh Kumar). However, on 20.09.2023 learned counsel for the petitioner had mislead the Co-ordinate Bench (Hon’ble Mr. Justice Anil Kumar Choudhary) by submitting that interim order was passed earlier and as such the Co-ordinate bench had observed that earlier granted interim order shall continue till the next date of listing of this case vide dated 20.09.2023 and 23.01.2024 respectively.”
19.
Thereafter, the petitioner had filed this Civil Review No. 06 of 2026 for the review of Para No.18 of the
judgment dated 17.10.2025 passed in W.P.(L) No.1904 of 2018 before this Court on 19.01.2026.
20.
Then on 18.03.2026, this Court had directed for placing the record of W.P.(L) No. 1658 of 2015 and W.P.(L) No. 1904 of 2018 with this Civil Review Petition. However, thereafter, the Office of the High Court has placed the true copy of order dated 13.01.2020 passed by the Co-ordinate Bench (Hon’ble Mr. Justice Rajesh Shankar) of this Court, which is numbered as “Order No.4” in the said W.P.(L) No. 1658 of 2015 for the first time.
21.
It further reveals from the record that when the W.P.(C) No. 1904 of 2018 was being heard by the Co-ordinate Benches and also by this Court on 23.02.2024 and 25.07.2024, then the copy of order dated 13.01.2020, which is numbered as ‘Order No. 04’ in W.P.(L) 1658 of 2015, was not enclosed in W.P.(L) No. 1904 of 2018 by the concerned P.A./ Secretary/Court Master of the Co-ordinate Bench of this Court
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as well as by the Office/ Registry of this High Court and which is clearly an act of negligence on the part of the concerned Dealing Assistant/ Section Officer/Registry as well as P.A./Secretary/Court Master of the Co-ordinate Bench of this Court.
22.
From perusal of the ‘Order No.4’ dated 13.01.2020, passed in W.P.(L) No. 1658 of 2015 dated 13.01.2020 along with W.P.(L) No. 1904 of 2018 by the Co- ordinate Bench (Hon’ble Mr. Justice Rajesh Shankar) of this Court, it appears that I.A. No. 11413 of 2019, filed in W.P.(L) No. 1904 of 2018 on behalf of the Employers in relation to the Management of Bokaro Steel Plant, was allowed and the implementation, operation and execution of the impugned award dated 26.12.2017 passed by the Central Government Industrial Tribunal No.1, Dhanbad in Reference Case No. 50 of 2011 was stayed. However, the copy of this order has not been enclosed even in W.P.(L) No. 1904 of 2018 even by the concerned Section Officer/Dealing Assistant of W.P.(L) No. 1904 of 2018.
23.
It further reveals that the concerned Court Master has not referred in the vide order No.6 dated 13.01.2020 in W.P.(L) No. 1904 of 2018 that interim order has been passed with respect to an I.A. filed in W.P.(L) No.1904 of 2018 vide
order dated 13.01.2020 passed in W.P.(L) No. 1658 of 2015 by the Co-ordinate Bench (Hon’ble Mr. Justice Rajesh Shankar) of this Court.
Even the Office Note dated 18.03.2021/22.03.2021 and subsequently on 19.08.2021 and also on 18.11.2021, there is no reference of interim order dated 13.01.2020 passed in W.P.(L) No. 1658 of 2015, which was
disposed of as infructuous vide order dated 13.01.2020. Even
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subsequently, in the Office Notes dated 21.10.2022, 22.11.2022/28.11.2022 and the Office Notes dated 13.01.2023/ 19.09.2023, Office Note dated 19.01.2024/20.01.2024 and 19.07.2024 and also on 24.07.2024 by the concerned Dealing Assistant/Section Officer, it has been merely referred as “I.A. No. 3921/2020: for vacating the interim stay dated 04.07.2020”.
24.
From perusal of the I.A. No. 3921/2020, it would appear that said I.A. No. 3921 of 2020 was filed on behalf of Respondents on 04.07.2020 for vacating the ad-interim stay
order dated 13.01.2020, therefore, it appears that the Office has given incorrect note for vacating ad-interim stay dated 04.07.2020 instead of 13.01.2020.
25.
It further appears that in W.P.(L) 1904 of 2018, even in the order passed by the Co-ordinate Bench (Justice Kailash Prasad Deo, as His Lordship then was) of this Court vide
Order No.07 dated 25.11.2021 and in the Orders passed by another Co-ordinate Bench (Hon’ble Mr. Justice Rajesh Kumar) vide Order No.08/ dated 13.09.2022, Order No. 09/dated 20.09.2022, Order No.10/dated 21.10.2022, Order No.11/ dated 29.11.2022 and Order No.12/ dated 7.12.2022, there is no mention of any interim order although the interim order was passed on 13.01.2020.
26.
However, it further appears on perusal of the Office Notes given in W.P.(L) No. 1904 of 2018, i.e the office notes preceding the two orders, bearing Order No. 13 dated 20.09.2023 and Order No.14 dated 23.01.2024 respectively, passed by the Co-ordinate Bench (Hon’ble Mr. Justice Anil Kumar Choudhary) of this Court vide which interim order was continued, that said two office notes contain no mention of any
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interim order dated 13.01.2020 passed in W.P.(L) No.1658 of
2015.
27.
It is further pertinent to mention here that both the Office Notes dated 07.12.2022, i.e. the one which preceded the aforesaid Order No.13 dated 20.09.2023 and the Office Note dated 07.12.2022 which preceded the next order, i.e. Order No.14, dated 23.01.2024 are wrongly dated same, i.e. 07.12.2022, which shows the negligent and casual approach of the concerned Dealing Assistant/Section Officer/Assistant Registrar.
28.
It is pertinent to mention that had the order dated 13.01.2020 passed in W.P.(L) No. 1658 of 2015 been enclosed and brought to the notice of this Court at the time of argument in W.P.(L) No. 1904 of 2018, then this Court would have also directed for vacating the interim order dated 13.01.2020 in Paragraph 97 of the judgment dated 17.10.2025 passed in W.P.(L) No.1904 of 2018. It is clear from Para 97 that this Court had dismissed the writ petition, being W.P.(L) No. 1904 of 2018 at Para 96 and subsequently this Court had
directed in Para 97 that the interim order dated 20.09.2023, 23.01.2024 and 18.06.2024 passed by the Co-ordinate Bench stand vacated and as the order dated 13.01.2020 passed in W.P.(L) No.1904 of 2018 was not enclosed in the file of W.P.(L) No.1904 of 2018 and hence, this Court had not referred to the Interim Order dated 13.01.2020 in Para 97 of the judgment dated 17.10.2025 in W.P.(L) No.1904 of 2018.
29.
Therefore, this Court finds that the learned counsel appearing on behalf of the petitioner was not at fault of misleading the Co-ordinate Bench (Hon’ble Mr. Justice Anil
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Kumar Choudhary) of this Court on 20.09.2023 by submitting that interim order was passed earlier.
30.
Under the circumstances, Para 18 of the
judgment dated 17.10.2025 passed in W.P.(L) No. 1904 of 2018 is recalled to the extent that on 20.09.2023, learned counsel for the petitioner had not misled the Co-ordinate Bench (Hon’ble Mr. Justice Anil Kumar Choudhary) of this Court by submitting that the Interim Order has been passed. As such Paragraph No. 18 of the judgment dated 17.10.2025 passed in W.P.(L) No. 1904 of 2018 is recalled to the extent that there will be no adverse inference against Mr. Bibhas Sinha, learned counsel for the petitioner as there was no error on his part.
31.
Thus, this Civil Review petition stands disposed of with observation made above so far as Para No.18 of the
judgment dated 17.10.2025 passed in W.P.(L) No.1904 of 2018 is concerned.
32.
Before parting, this Court directs that the concerned Section Officers and Dealing Assistants/Court Masters shall remain careful in future failing which this Court may direct to proceed against them if such mistake is repeated again.
(Sanjay Prasad, J.) s.m. Dated 12.06.2026