SURESH PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ application has been filed under Article 226 of the Constitution of India, wherein on amongst others prayer has been made to quash the order dated 15.9.2003 passed by the Sub Divisional Judicial Magistrate, Bokaro in I.D. Case No. 2 of 2002, whereby the cognizance purported to be under Section 29 of the Industrial Disputes Act for contravention of Section 18 of the Industrial Disputes Act has been taken and consequently processes have been issued against the petitioners.

(2.) THE facts giving rise to this application are that as per the case of the petitioners, one Anil Kumar, respondent No. 3, was appointed by the Bokaro Steel Sports and Recreation Council, Bokaro on 1.3.1985, which is an autonomous body, and his service was fully under the control of that Council and has no concerned with the Bokaro Steel Plant. However, on the other hand, it is the case of the respondent No. 3 that he was appointed as Junior Sports Organizer by the management of the Bokaro Steel Plant and was asked by the management to report for duty before the Officers of the Sports and Civic Amenities Department, which was under the control of Bokaro Steel Plant and as such his service is controlled and regulated by the management of the Bokaro Steel Plant and not the Council. Subsequently, the respondent No. 3 represented before the management of Bokaro Steel Plant for regularization of his services. That dispute led the Government to make reference for adjudication and the term of the reference was as follows: Whether the relationship of employer and employee is established between the management of Bokaro Steel Plant and Shri Anil Kumar, Junior Sports Organizer, a workman of Bokaro Steel Sports and Recreation Council, Bokaro Steel City established by the management of Bokaro Steel Plant? If so, whether not to make regular the services of Shri Anil Kumar by the management of Bokaro Steel Plant is justified? If not, what relief he is entitled to?

(3.) BEING aggrieved with that award, the management filed W.P. (L) 45 of 2002 before this Court, which was dismissed and then L.P.A. No. 341 of 2002 preferred against the order dismissing the writ application was also dismissed on 1.7.2002. Thereafter, the management preferred S.L.P. (Civil) before Hon'ble Supreme Court, which also got dismissed on 1.11.2002.