1 IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No.455 of 2014 1. Kamal Kishore Singh son of late Balmiki Singh, r/o Holding No.01 Ram Kutir, Vidyapati Nagar, PO-Baridih, PS-Sidhgora, Jamshedpur.
2. Surendra Kumar s/o Mr.Awadh Kumar , r/o bBlock No.38/1/4, Road No.6, Bagbera Colony, PO-Tatanagar, PS-Bagbera, East Singhbhum 3. Babu Ram Pareya s/o Mr.Shib Charan Ho, R/o Q.No.88, KF-4,Dhatkidih, Bistupur, Dist. East Singhbhum,Jharkhand Jamshedpur.
4. B.Navin Paul s/o Mr.B.Joseph Paul, r/o K2-175, Sector-1, Tube Colony, PO-Baridih, PS-Sidhgora,Dist. East Singhbhum,Jharkhand Jamshedpur.
5. Ramendra Kumar Singh s/o Mr.Dina Nath Singh , r/o Qr. No.578, Baridih Workers' Flat, PO-Baridih, PS-Sidhgora, Dist. East Singhbhum, Jharkhand.
6. Ravi Kumar s/o Mr.Ram Lakhan Singh, r/o C/0 Bharat Choudhary, Foundry Q. No.19, Gandhi Road, Vidyapati Nagar, P{O-Baridih, PS-Sidhgora, Dist. East Singhbhum, Jharkhand.
7. Sourabh Kumar Chaturvedi s/o late P.K.Chaturvedi, r/o H.No.04, Slag Road, Bagan area, PO-Agrico, PS-Sitaramdera, Dist. East Singhbhum, Jharkhand.
8. Pankaj Kumar s/o Suiyodhan Mistry, r/o L6-34, Main Road, PO-Agrico, PS-Sidhgora, Dist. East Singhbhum,Jharkhand .
9. Subhash Chandra Das son of late Kali Charan Das, r/o B-9/1 Bagun Nagar, Rabindra Path, PO-Baridih, PS-Sidhgora, Dist. East Singhbhum,Jharkhand .
10. Kanti Ranjan Sharma son of Mr.Sukhdeo Sharma, r/o Road No.01, New Sub- hash Colony, Sanjay Path, Dimna Road, PO-Mango, PS- Ulidih, Dist.East Singhb- hum,Jharkhand 11. Pratap Kumar Behra s/p Mr.Chakradhar Behra, r/o 4-4/2, Awas Merina Apartment Merin Drive Road, PO-Kadma, PS-Kadma, Dist. East Singhbhum,Jharkhand.
12. Binod Kumar Sahu s/o late Ram Bilas Sahu, r/o Block No.86-2-4, Road No. 3 Near Pani Tanki, PO-Tatanagar, PS-Bagbera, Dist. East Singhbhum, Jharkhand.
13. Gurdip Singh son of Mr.Mahindar Singh, r/o vill. Kitadih, PO- Kitadih, PS-Parsudih, Dist. Singhbhum East, Jharkhand.
14. Lalit Mahato s/o Mr.Ashutosh Mahato, resident of Qr. No. 14/2-4, Road No.01, Bag - bera Colony, PO-Tatanagar, PS-Bagbera Dist. East Singhbhum, Jharkhand.
15. Roshna Etmon Marki son of Mr.Manshuk Marki, r/o Sarjamda Lumpung Tola, PO-Sar- jamda, PS-Parsudih , Dist. East Singhbhum Jharkhand.
16. Pankaj Kumar s/o Mr.Dina Nath Prasad, r/o Q. No.33, Kadani Road, Old Baridih, PO-Baridih, PS-Sidhgora, Dist. East Singhbhum, Jharkhand.
17. Swadesh Kumar Mandal s/o Mr.B.K.Mandal, r/o 4/A Hena Road, Pramath Nagar, PO- Tata Nagar, PS-Parsudih, Dist. Singbhum, Jharkhand.
18. Vinod Kumar Singh s/o late Dwarika Singh, R/o 29/B, Shiv Path, Bhatia Basti, PO & PS--Kadma, Dist. East Singhbhum,Jharkhand.
19. Fakhre Alam Hasmi s/o Md.Ubaid, r/o Q. No.l4-145, B.H. Area, PO-Kadma, PS- Kadma, Dist. East Singhbhum,Jharkhand 20. Sunil Mardi s/o Mr.Simal Mardi, r/o vill. Beradipa , PO- Harhargattu, PS-Bagbera, Dist. East Singhbhum,Jharkhand. 2 21. Randhir Kumar Singh s/o Mr.S.P.Singh, r/o L-2, Rd. No.5, near L.B.S.M. School, Jail Road, Raju Bagan, PO-Kitadih, PS-Parsudih, Dist. East Singhbhum, Jhark- hand.
22. Vijay Singh Banra s/o Mr.Rengo, R/o H.No.814, New Sitaramdera, PO- Agrico, PS- Sitaramdera, Dist. East Singhbhum, Jharkhand.
23. Md.Asif s/o Md.Abu Sayeed, r/o 37, KF-1 Flat, G.P.Slope, PO-Kadma, PS-Kadma, Dist. East Singhbhum,Jharkhand 24. Mahesh Sardar s/o Mr.Arjun Sardar, r/o Q.No.57, Road No.03, TR Type, PO & PS-Bis- tupur, Dist. East Singhbhum,Jharkhand.
25. Uma Shankar Sharma s/o late Singeshwar Pd. Vishwakarma H.No.20, Dinkar Road, Baridih Basti, PO-Baridih, PS-Sidhgora, Dist. East Singhbhum,Jharkhand.
26. Chandra Sekhar s/o late Jugal Kishore Singh, Q. No.L4-43, Tube Colony, PO-Baridih, PS-Sidhgora , Dist. East Singhbhum,Jharkhand.
27. Shams Tabrej s/o Md.Sabir Hussain, H.No.21/22, Gurudwara Roa , PO-Golmuri, PS- Golmuri , Dist. East Singhbhum.
28. Gyaneshwar Kumar s/o Mr.Sita Ram Bhakat, B.No.40/1/4, Road No.6, Bagbera Colony, PO-Tatanagar, PS-Bagbera , Dist. East Singhbhum,Jharkhand.
29. Mahesh Prasad Thakur s/o Mr.Bishwanath Thakur, Block No.153/2/2, Road No.32, PO-Adityapur, PS-RIT, Dist. Saraikella-Kharsawan.
30. Mantu Hembrom s/o Mr.Somai Majhi , village Nuwagarh (Mahatandih), PO-Nuwa- garh, PS-Gamaharia, Dist. Sarikella-Kharsawan.
31. Shailendra Kumar s/o late Giridhari Lal , 08 Shivajee Path, Uliyan , PO & PS- Kadma, Dist. East Singhbhum,Jharkhand 32. Krishna Chandra Samanta s/o Mr.B.R. Samanta, L4 89, Straight Mile Road, Barad - wari, PO & PS-Sakchi, Dist. East Singhbhum, Jharkhand 33. Prabha daughter of Mr.Amulya , r/o Q.No. 2, Teesta Road, PO & PS-Kadma, Dist. East Singhbhum,Jharkhand.
34. Sanjay Kumar s/o late Pashupati Nath Prasad , Q.no. L6-63, Main Road, PO-Agrico, PS-Sidhgora, Dist. East Singhbhum,Jharkhand. … Petitioners/Appellants -Versus- 1. The State of Jharkhand through Secretary, Labour, Employment & Training, Nepal House, Doranda, Ranchi.
2. The Assistant Labour Commissioner, Jamshedpur, Sitaram Dera, Sakchi, Jamshedpur,East Singhbhum .
3. The Deputy Labour Commissioner, Jamshedpur, Sitaram Dera, Sakchi, Jamshedpur, East Singhbhum.
4. Tata Steel Ltd. through its Managing Director, officiating at Bistupur, Jamshed - pur, East Singhbhum. … Respondents/Respondents CORAM : HON’BLE MR.JUSTICE VIRENDER SINGH, CHIEF JUSTICE HON’BLE MR.JUSTICE R. MUKHOPADHYAY … 3 For the Appellant : M/s Manoj Tandon & Jitendra Tripathy, Advocates For the State : Mr. Rajesh Shankar, G.A. For Respondent No.4 : Mr. G.M.Mishra, Advocate. Order no.07/ Dated 20th July, 2015 Per Virender Singh, C.J.
1. The aforesaid thirty four appellants along with two others, namely, Ranju Kumari and Ajo Rani Murmu, claim themselves to be the wards of employees/ex-employees of M/s Tata Steel Ltd. It appears that they applied for their appointment when Tata Steel Ltd. started recruitment drive. However, they were not selected. It is thereafter appellant- K.K.Singh on his behalf and on behalf of all others moved before the Deputy Labour Commissioner, Jamshedpur, requesting for initiation of conciliation proceeding in their cases. Records were called for from Tata Steel Ltd. but when not received for about 4-5 months, the Assistant Labour Commissioner, Jamshedpur ultimately did not consider their representation and advised them to have recourse before some other forum, legally available to them. It gave them the cause of action to knock at the door of the writ Court through the medium of W.P.(L) No.2648 of 2013, which now stands dismissed vide impugned order dated 7.8.2014, primarily on the ground that the writ petitioners, who are claiming themselves to be beneficiaries in terms of Memorandum of Settlement dated 7 th September, 2010, are, in fact, the outsiders. The view taken by the learned writ Court that writ of mandamus can be issued only when the appellants/petitioners are able to establish a legal right in themselves, 4 which they could not.
2. We after carefully going through the entire records are also of the considered view that the appellants have not been able to project any legal right in themselves asking for the relief, as projected in the writ petition.
3. Finding no infirmity in the impugned judgment handed down by the learned Single Judge, we hereby decline to interfere with the order impugned. Resultantly, the instant letters patent appeal merits dismissal. Ordered accordingly. (Virender Singh, C.J.) (R.Mukhopadhyay, J.) G.Jha/LAK