Research › Search › Judgment

High Court of Jharkhand · body

2026 DAILYLAW 20243 (JHR)

BIHAR COLLIERY KAMGAR UNION, (IN SHORT BCKU) THROUGH ITS PRESIDENT I.E. SRI SUNDAR LAL MAHTO v. STEEL AUTHORITY OF INDIA LIMITED REPRESENTED THROUGH ITS CHAIRMAN

WPC/5057/2024 · 2026-07-15

Anubha Rawat Choudhary

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:21017 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(L) No. 5057 of 2024 1. Bihar Colliery Kamgar Union (in short BCKU), Manbad, P.O & P.S. Jharia, Dist: Dhanbad through its President i.e Sri Sundar Lal Mahto. 2. Sundar Lal Mahto, aged 65 years, son of Late Fakir Mahto, presently he is the President of Bihar Colliery Kamgar Union, (in short BCKU), resident of village: Chas Nala, P.O Chas Nala, P.S. Pathardih, Dist: Dhanbad. … … Petitioners Versus 1. Steel Authority of India Limited, represented through its chairman having its registered office at Ispat Bhawan, Lodhi Road, P.O: Lodhi Road, P.S: Lodhi Road, New Delhi and having one of its office at SAIL Colliery Division Chas Nala Colliery, P.O: Chasnala, P.S. Chasnala, Dist: Dhanbad -828135. 2. Director Incharge, Bokaro Steel Ltd. SAIL, having its office at Bokaro, P.O & P.S: Bokaro, Dist: Bokaro. 3. The Executive Director (P&A), Bokaro Steel Ltd. SAIL, having its office at Bokaro, P.O & P.S: Bokaro, Dist: Bokaro. 4. The Executive Director (Colliery Division), SAIL, having its office at Chas Nala, P.O: Chas Nala, P.S. Pathardih, Dist: Dhanbad. 5. The Chief General Manager, (P&A), Colliery Division, SAIL, having its office at Chas Nala, P.O: Chas Nala, P.S. Pathardih, Dist: Dhanbad. 6. The Chief General Manager (Chas Nala & Tesra) Colliery Division, SAIL, having its office at Chas Nala, P.O: Chas Nala, P.S. Pathardih, Dist: Dhanbad. 7. The General Manager (P&A), SAIL having its office at Chas Nala, P.O: Chas Nala, P.S. Pathardih, Dist: Dhanbad. 8. The General Manager (Coal Preparation Plant), SAIL, having its office at Chas Nala, P.O: Chas Nala, P.S. Pathardih, Dist: Dhanbad. … … Respondents --- CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner : Mr. Mahesh Tewari, Advocate For the Respondents : Mrs. Prerna Jhunjhunwala, Advocate --- 07/15.07.2026 Learned counsels for the parties are present. 2. This writ petition has been filed for the following reliefs: “(i) For issuance of an appropriate writ(s)/order (s)/direction (s) particularly writ in the nature of Mandamus commanding upon the respondents particularly respondent no. 2 to send to this Hon'ble Court all records appertaining to the work rendered by 329 workmen working in the lifting, loading of slurry from the 2026:JHHC:21017 2 slurry ponds existing within the premises of SAIL itself as well as slurry situated over the raiyati plot of raiyat wherein slurry gets accumulated /deposited from which the same is lifted, and loaded on the trucks for transportation either to the private customers/ contractor or to be transported to different steel plants belonging to the SAIL itself, Steel Power plant. (ii) A further writ in the nature of mandamus commanding upon the respondents particularly respondent nos. 1 and 2 to send to this Hon'ble Court all records of these employees who have been rendering their services for the last 30 to 40 years in the services although of lifting slurry through the contractors but for the work of principal employer i.e the SAIL and thereafter rendering services of nearly 30 to 40 years continuously without any break of their services have arbitrarily and abruptly been stopped by the respondent no. 1 and in their places JCB machines, pay loaders and other vehicles are being used for doing the said work, which is completely against the provisions enshrined in the Articles 14 and 16 of the Constitution of India which categorically lays down that the right of livelihood of a citizen cannot be snatched by the instrumentalities of the State without procedure established by law. (iii) Thereafter, further a humble prayer is being made before this Hon'ble Court for a direction upon the respondent nos. 1 & 2 to immediately and forthwith allow these employees i.e 329 workers to immediately resume their services in the loading slurry from the slurry ponds for being transported to either Steel Industries belonging to the SAIL or to private customers through contractors and (iv) A humble prayer is being made before this Hon'ble Court for direction upon the respondents to allow all 329 workers to resume their services in accordance with work orders, which are being issued by the respondent company or from the delivery order in favour of the private contractors. (v) Further a humble prayer is being made before this Hon'ble Court for a direction upon the respondent nos. 1 & 2 not to convert this work of the loading slurry through men power by a system of mechanical loading and thereby reduced these men power to be become idle by snatching away their right of livelihood. (vi) Pending final hearing of this application Your Lordship may graciously be pleased to direct the respondent SAIL and its officers to immediately and forthwith allow these 276 workers of the petitioner no.1 to resume their services and further a direction may also be issued to the respondent no. 1 to immediately and forthwith withdraw the services of the pay 2026:JHHC:21017 3 loader and other mechanical device for lifting the slurry from the slurry ponds which is complete unfair labour practice. AND/OR For the issuance of such other writ, order or direction as may be just and proper for doing conscionable justice to the petitioner and in the interest of justice.” 3. Learned counsel for the petitioners has submitted that although there are 329 concerned workmen in this case who were discontinued by the respondent- company, but during the pendency of this case, they have been re-engaged and therefore, he does not want to press this writ petition. 4. Learned counsel for the respondents submits that she has no instructions with respect to the aforesaid submissions and no counter- affidavit has been filed. 5. In view of the aforesaid submissions, this writ petition is dismissed as not pressed. 6. Pending interlocutory application, if any, is also dismissed as not pressed. (Anubha Rawat Choudhary, J.) Date of Order: 15.07.2026 Pankaj Date of Uploading: 15.07.2026