High CourtsSingle Bench(2023) 01 JH CK 0043

Bihar Mica Exporters Association vs State Of Jharkhand And Ors

Jharkhand High Court · Decided on 30 January 2023

HON’BLE JUDGES
Anubha Rawat Choudhary, J
CASE NUMBER
Writ Petition (C) No. 3745 Of 2002, Writ Petition (L) No. 3832 Of 2002

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Judgment

6 paragraphs · 280 words

Anubha Rawat Choudhary, J

1.

Mr. Vishnu Prabhakar Pathak, Advocate, appears on behalf of the petitioner in both the cases and submits that these cases have to be argued by Mr. R.N. Sahay, Senior Advocate and he is not available today. He seeks apology from this Court for not having circulated advance notice of adjournment.

2.

Learned counsel for the respondents is present.

3.

Vide order dated 20.02.2008, it was submitted by the learned counsel for the petitioner that members of the petitioner Association were paying the minimum wages from the date of Notification and the matter as to applicability of Notification retrospectively and the procedure of fixing minimum wages were under challenge before the Hon'ble Supreme Court. The copy of order dated 22.08.2003, passed in S.L.A (Civil) No.20646 of 2002 was produced before this Court. The said appeal before the Hon'ble Supreme Court was arising out of judgment and order dated 14.08.2002 passed in LPA No.359 of 2000(R). Ultimately, vide order dated 23.9.2008 passed in this case , the matter was directed to be posted after disposal of the aforesaid appeal before Hon'ble Supreme Court.

4.

A copy of the final order passed by the Hon'ble Supreme Court in Civil Appeal No.6650 of 2003 has been annexed by the office whereby the said appeal has been dismissed as having become infructuous. The said order is dated 30.04.2009 and consequently, the present appeal has been listed.

5.

Since the petitioner is seeking adjournment, the matter is adjourned and is directed to be listed on 07.02.2023 in the supplementary cause list under the heading for Final Disposal. It is made clear that no further adjournment will be granted in these cases.