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2024 Supreme(Jhk) 263

SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Management of Bokaro Steel Plant of Steel Authority of India Limited – Appellant
Versus
Amarwa Devi W/o Late R. B. Bhuiyan – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Indrajit Sinha, Arpan Mishra.
For the Respondent: Pradeep Kumar Deomani.

ORDER :

1. The instant appeal, under Clause 10 of the Letters Patent, is directed against order dated 07.09.2016 passed by learned Single Judge in W.P. (L) No. 5556 of 2005 whereby and whereunder the award answering the reference dated 06.10.1998 holding the order of dismissal of the workman to unjustified, has been upheld.

2. At the outset, it needs to refer herein that Co-ordinate Bench of this Court vide order dated 22.10.2018 directed to issue notice upon the respondents, who are legal heirs of deceased-workman, both under ordinary process and registered post. The notice was returned un-served with the endorsement ‘addressee left’. Accordingly, vide order dated 03.12.2018 fifteen days’ time was granted for substituted service. The Co-ordinate Bench vide order dated 28.01.2019 directed that apart from Newspaper publication, let service be effected following the mode prescribed under Order 5 Rule 20 of the Code of Civil Procedure. Pursuant to order dated 28.01.2019 though newspaper publication of the notice was made, which was brought on record by way of supplementary affidavit, but the co-ordinate Bench took note of the fact that since the notice was published in daily newspaper ‘

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