Advocates:
['NILESH KUMAR', '', 'ASMITA SHRIVASTAVA', 'AVISHEK PRASAD', 'NANDAN PRASAD', 'RAHUL DEV', 'SHRESTH GAUTAM', 'OMPRAKASH', 'YOGENDRA YADAV', 'ZEESHAN AHMAD KHAN', 'NAVIN KUMAR G P IV', '', 'RICHA SANCHITA', 'LAXMI MURMU']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Civil Writ Jurisdiction)

W.P. (C) No. 3199 of 2016

Adivasi Krishak Mahila Kalyan Parishad Mandar, Ranchi through

its Secretary Afzal Hussain, s/o-Maniruddin Ansari, r/o-Firdaus

Nagar, PO and PS Mandar, District-Ranchi. … Petitioner

Versus

1. The State of Jharkhand.

2. Deputy Commissioner, Chatra, PO and PS Chatra, District-

Chatra.

3. Labour Superintendent, Chatra, PO and PS Chatra, District-

Chatra.

… Respondents

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(Through V.C)

CORAM: HON’BLE MR. JUSTICE SHREE CHANDRASHEKHAR

For the Petitioner : Mr. Shresth Gautam, Advocate

For the State

: Mr. Navneet, AC to SC-V

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Order No. 16/Dated: 07

^th January 2022

This is an assigned matter by an order dated

23^rd November 2017 passed on the administrative side by Hon'ble

the Acting Chief Justice, High Court of Jharkhand.

2.

The order of blacklisting issued under the signature of

the Deputy Commissioner, Chatra vide memorandum dated

30^th March 2016 is under challenge in this writ petition.

3.

The petitioner is a registered NGO which was issued

certificate of registration on 20^th September 2001.

4.

Under a scheme to cease migration of labors from the

State of Jharkhand and illegal migration of interstate labor as well

as child labors, the Labor Commissioner issued certain directions

to all the Deputy Commissioners of the State of Jharkhand as

contained in letter dated 13^th August 2014. The petitioner-NGO

was issued a work order on 21^st October 2014 for survey and

identification of interstate migrant labors. A second work order was

issued to the petitioner-NGO on 12^th November 2014 for survey of

child labor within the district of Chatra. It is the case of the

petitioner-NGO that on completion of the exercise as indicated in

the work orders dated 21^st October 2014 and 12^th November 2014,

2 W.P.(C) No. 3199 of 2016

it was made payments of Rs. 4.90 lacs and Rs. 3.23 lacs on

25^th March 2015. Notwithstanding that, the order contained in

memorandum dated 30^th March 2016 was issued by which the

petitioner-NGO has been blacklisted for an indefinite period.

5.

Mr. Shresth Gautam, the learned counsel for the

petitioner-NGO, has questioned legality of the order of blacklisting

dated 30^th March 2016 on the ground of flagrant violation of the

rules of natural justice.

6.

The learned counsel for the petitioner-NGO relies on the

judgments in “Erusian Equipment & Chemicals Ltd. v. State of

W.B.” (1975) 1 SCC 70, “Gorkha Security Services v. Govt. (NCT of

Delhi)” (2014) 9 SCC 105 and “Kulja Industries Ltd. v. Western

Telecom Project BSNL” (2014) 14 SCC 731 to fortify his contentions

that the order of the blacklisting dated 30^th March 2016 could not

have been issued without a show-cause notice and affording an

opportunity to the petitioner-NGO to put up its case before the

respondent-authority.

7.

Mr. Navneet, the learned AC to SC-V, refers to the letter

dated 13^th August 2014 which has been placed on record through

supplementary counter-affidavit dated 17^th July 2018 to submit

that the petitioner-NGO committed serious irregularities in

execution of the work orders issued vide letters dated 21^st October

2014 and 12^th November 2014. On 09^th October 2015, a report was

published in the daily newspaper Dainik Jagran that without

conducting survey the petitioner-NGO prepared a report which is

established from the fact that though there was no line-hotel at

Rimi, still, there is reference of a line-hotel at Rimi in the survey

conducted by the petitioner-NGO. The learned counsel submits

that a complaint was lodged by one Sanjay Kumar in this regard

with the competent authority pursuant thereof the Labor

Superintendent, Chatra was directed to conduct an inquiry in the

matter. A report