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2024 Supreme(Jhk) 587

GAUTAM KUMAR CHOUDHARY
Jharkhand Building and Other Construction Workers Welfare Board through its Secretary namely Pradeep Robert Lakra, S/o. Late Jonas Lakra – Appellant
Versus
Anvil Cables Private Limited – Respondent


Advocates Appeared:
For the Petitioners: Mr. Krishna Murari, Mr. Jayesh Anand.
For the Opp. Parties :Mr. M.S. Mittal, Sr. Advocate, Mr. Salona Mittal, Mr. Sachin Kumar.
For the JBVNL : Mr. Rajiv Ranjan, AG, Mr. Sachin Kumar, Sr. S.C., Mr. Ashok Kumar Yadav, Sr. SC-1, Mr. Karamdeo.
For the State : Mr. Rohit, AC to AAG-I.

JUDGMENT :

Gautam Kumar Choudhary, J.

1. Heard learned counsel Sri Krishna Murari appearing on behalf of the review petitioners for permission to prefer the connected review/recall petition as it was not a party in the original respective writ petitions. Permission is accorded. Accordingly, interlocutory application for impleadment stands allowed.

2. All these Civil review petitions have been filed on behalf of the Jharkhand Building and other Construction Workers Welfare Board (hereinafter called Board) against the different orders passed by this Court in W.P.(C) No. 5775 of 2023, W.P.(C) No. 5777 of 2023, W.P.(C) No. 5776 of 2023, W.P.(C) No. 5778 of 2023, W.P.(C) No. 6695 of 2023W.P.(C) No. 6262 of 2023, W.P.(C) No. 5458 of 2023, by which Labour Commissioner and Assistant Labour Commissioner have been directed to refund labour cess deducted under supply portion with simple interest @ 6% on the said amount.

3. Civil Review 78 of 2024 has been filed for direction to modify the order passed in W.P.(C) No. 241 of 2023, directing JBVNL to refund the amount. It is contended that since the amount after deduction has been remitted to the Board, therefore Labour Department authorities be dir

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