HARIHAR YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) BY the judgment dated 16th June, 2011, this Court directed the JHALCO to absorb the employees and also passed the order that now and from the date of order of this Court, i.e. 16 th June, 2011, the employees shall be deemed to have been absorbed in JHALCO with the benefit of past services rendered by the employees under BHALCO. Learned counsel for the JHALCO submitted that JHALCO has also preferred S.L.P which is apparent from the order passed by the Hon'ble Supreme Court dated 14th November, 2011, wherein it has been ordered that notice be issued in both the S.L.Ps and in the said order dated 14th November, 2011, contempt proceedings have been stayed. According to the learned counsel for JHALCO, it appears that inadvertently in the order of the Hon'ble Supreme Court dated 6th August, 2012, it has been mentioned that the said order would protect only the State of Jharkhand who have chosen to question the correctness of the judgment of this Court dated 16th June, 2011. It is also submitted that the Hon'ble Supreme Court, in the clarification order dated 6th August, 2012, directed this Court to implement the directions given in paragraph 37 of the judgment dated 16th June, 2011 passed in L.P Nos.77 & 79 of 2009 and according to the learned counsel for JHALCO, this is also clear from the said order of the Hon'ble Supreme Court that the Hon'ble Supreme Court directed to implement limited directions contained in judgment dated 16th June, 2011 and that is to secure payment of wages to the employees who have been absorbed by JHALCO and obviously so is because of the reason that the State of Jharkhand informed the Supreme Court that the State has already earmarked an amount of Rs.6 crores for back wages of the absorbed employees.

(3.) LEARNED counsel for the writ petitioner submitted that when the S.L.P was listed before the Hon'ble Supreme Court on 19th November, 2012, it was stated on behalf of the appellant of S.L.P that contempt petition is likely to be listed on 26th November, 2012 in view of the specific order already passed by this Court in this contempt petition and therefore, S.L.P may be adjourned. According to the learned counsel for the petitioner, this Court has already taken note of the fact that a number of employees died in harness, who could not get the wages and the directions issued by this Court are not being implemented and here it has been stated that let JHALCO obtain order from the Hon'ble Supreme Court, whereas in the Hon'ble Supreme Court, it has been stated that let High Court pass order in the contempt petition.