STATE OF JHARKHAND Vs. SANJAY KUMAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE appellant State is aggrieved against the order dated 24.01.2012 passed in W.P.(L) No.3919 of 2008 by the learned Single Judge as well as another order passed on 25.1.2012 to the same effect. It is also pertinent to mention here that by these two orders passed separately, several interlocutory applications have been decided by the learned Single Judge with the same relief that the respondent appellant shall comply with the provisions of Section 17 B of the Industrial Dispute Act, 1947.

(3.) LEARNED counsel for the appellant State Shri Rajesh Shankar vehemently submitted that the Division Bench of this Court in the case of Employer in relation to the Management of Central Mine Planning and Design Institute Ltd. Vrs. Union of India and Ors. reported in 2002(1) JLJR 134, after considering the judgment of Hon'ble Supreme Court delivered in the case of Dena Bank (Supra) in para 10, in detail and after discussing the issue held that, there can be cases where despite Section 17 B being there on the Statute Book, the High Court can decline to grant relief of paying wages last drawn to a person. However, learned counsel for the State Shri Rajesh Shankar, after his own research, found one order through INTERNET from the Website of the Supreme Court, passed in Civil Appeal No. 7249 of 2001 whereby the Hon'ble Supreme Court, vide order dated 22nd February, 2002, set aside the judgment of the Division Bench of this Court delivered in the case of Employer in relation to the Management of Central Mine Planning and Design Institute Ltd. Vrs. Union of India and Ors.