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2026 DAILYLAW 3131 (JHR)

MD ISLAM v. UNION OF INDIA

WPC/3517/2024 · 2026-04-07

Anubha Rawat Choudhary

body2026

Judgment text

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2026:JHHC:9880 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (L) No. 3517 of 2024 Md. Islam son of Ilahi Ansari, aged about 54 years, resident of Padiadi, Rasool Bhag, PO-Bhaga, PS-Jharia, Dist. Dhanbad, Jharkhand-828301 … … Petitioner Versus 1. Union of India 2. Ministry of Labour and employment through its secretary, Sharm Shakti Bhawan 5 Rafi Marge, Block (G-6), Sansad Marg, Area PO-PS- New Delhi - 110001. 3. The Secretary, Central Government Industrial Court No. 1, Khushum Bihar, Murli Nagar, PO and PS-Saraidhela, District-Dhanbad Jharkhand -826005 4. The Assistant Labour Commissioner, Central Dhanbad-II and IC- Dhanbad, III Sharam Bhawan PO-PS- Jagjivan Nagar, Dist-Dhanbad- 826003. 5. The preceding officer central government Industrial Tribunal No.1 PO- PS, District- Dhanbad-8283001. 6. Bharat Cooking Coal Limited presented through Chief Managing Director Koyala Bhawan, Koyala Nagar, Dhanbad, PO- BCCL Town Sheep, PS-District- Dhanbad, Jharkhand, 826005. Personal Manager BCCL, Koyala Bhawan, Koyala Nagar, Jharkhand-826005 7. The Chief General Manager, Bharat Cooking Coal Limited, Lodhana Area No. 10, PO-Bhaga, P.S. Jharia, District Dhanbad, Jharkhand 828301 8. The Deputy Chief Manager, Bharat Cooking Coal Limited, Lodhana Area No. 10, PO-Bhaga, P.S. Jharia, District Dhanbad, Jharkhand 828301 … … Respondents --- CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner : Mr. A. K. Rashidi, Advocate Md. Azam, Advocate Mr. Kumar Nitish, Advocate Ms. Medha C.M. Kandulna, Adv. For the BCCL : Mr. Amit Kumar Sinha, Advocate Mr. Shubham Malviya, Advocate --- 07/7th April 2026 2026:JHHC:9880 2 1. Learned counsel for the parties are present. 2. This writ petition has been filed for the following reliefs: - “I. For issuance of an application writ/s, order/s, direction/s directing and commanding upon the respondent. The Assistant Labour Commissioner Central to proceed in pursuance to registered as Industrial Dispute I.D No.1/(56)/2010-E-5 due to failure of conciliation (F.O.C) between the employer and employee. The report of failure of conciliation has been sent to the Ministry of Labour and Employment, to proceed in reference letter no. L-20012/34/2013 IR (CM-1), dated 24.10.2013 as evident from Memo No. 1/(Misc. Md. Islam)/2024-E.5, dated 03/05.04.2024 (Annexure-18) and to take necessary steps in pursuant to Ref. No. ITM (6)/2024/126 dated 05.04.2024 (Annexure-20) for giving the details of ALC (C)-III, Dhanbad bearing No. ID-1 (56)/2010-E-5 ALC sent to Ministry for FOC form where issued FOC No. ID No. 1(56) 2010 (E-5) Ref. Order No. L20012/34/2013 IE (CM-1) dated 24.10.2013. II. For issuance of an appropriate writ/s, order/s, direction/s directing and commanding upon the Respondent No. 6 and 7 to take final decision upon representation dated 10.07.2023 and to direct the Respondent concern to make necessary correction in service record of the petitioner. AND III. And any other writ/s be issued order/s be passed as Your Lordship may fit and proper in facts and circumstances of the case.” 3. From the counter-affidavit filed by Regional Labour Commissioner (Central), Ranchi, it appears that the matter was referred to Industrial Tribunal and the reference order is placed on record. The final award has also been placed on record as contained in Annexure-B to the counter- affidavit. However, the final order reveals that both the parties were 2026:JHHC:9880 3 noticed, but none appeared and the case remained pending and further it was felt that the dispute between the parties has been resolved in the meantime, so no dispute award was passed. This was done in Reference Case No. 50/2013 and the award has also been published by the Ministry. The publication has also been placed on record. 4. Since the award has been placed on record, which is not under challenged in this proceeding, no further relief can be granted to the petitioner in this case and the grievance of the petitioner as prayed does not survive any more in view of the fact that the petitioner in the writ petition is seeking a direction upon the respondent to proceed and register an industrial dispute upon failure of conciliation. 5. Accordingly, this writ petition is disposed of. 6. However, it will be open to the petitioner to take appropriate steps in connection with the award annexed as Annexure-B to the counter- affidavit as may be permissible under law. (Anubha Rawat Choudhary, J.) Dated: 07.04.2026 Uploaded On: 08.04.2026 Mukul/-