LAWS(JHAR)-2008-8-185

JAGDISH SINGH RAGHUBANSHI Vs. STATE OF JHARKHAND

Decided On August 02, 2008
Jagdish Singh Raghubanshi Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) TWO cases bearing M.W. No. 84 of 1994 and M.W. No. 86 of 1994 were filed by the respondent No. 2 Labour Superintendent, Ranchi before the Court of S.D.M., Ranchi against one Raju Singh alleging therein that the workers engaged for repairing/construction work of Quarters No. 28 in Bariatu Housing Colony for the period from 4.4.1993 to 11.6.1993 were not paid their minimum wages and both the cases were allowed by respondent No. 4 S.D.M., Ranchi and thereupon a certificate case bearing C.C. No. 2 of 1996 -97 was filed before the Certificate Officer, Ranchi for recovery of the amount awarded against said Raju Singh but when the warrant of arrest was issued in the said certificate proceeding in the name of the petitioners, they preferred a writ application before this Court vide C.W.J.C. No. 2523 of 2000(R) challenging the order of the S.D.M., Ranchi and also initiation of the certificate proceeding on the ground that the award has been made against Raju Singh but in the certificate proceeding warrant of arrest has been issued against them.

(2.) IN course of hearing, stand was taken by the respondents that it is the petitioner No. 1 who is also known as Raju Singh. However, this Court set aside the order passed in the minimum wages proceeding and also in the certificate proceeding, as the order had been passed without hearing the petitioners. Thereupon respondent No. 2 -Labour Superintendent, Ranchi again filed ten cases of minimum wages before the S.D.M., Ranchi against the petitioners but all those cases were dismissed by S.D.M., Ranchi.

(3.) BEING aggrieved with the orders, as contained in Annexures -3 and 4, this writ application was filed praying therein to set aside both the orders.