SUMAN K SHRIVASTAVA
Ranchi, Feb 14: The Jharkhand High Court has taken a strong stance against the continuous violation of its orders in an eight-year-old issue concerning payment of benefits to regularised employees who were earlier engaged on contract and stood later regularised with effect from 2012 at the Jharkhand State Mineral Development Corporation (JSMDC).
The court has summoned JSMDC Managing Director Rahul Sinha on February 21 to frame contempt charges against him.
In contempt proceedings, “framing of charges” refers to the formal step where a court clearly outlines specific allegations against an individual accused of defying court orders. This ensures the accused is informed of the exact nature of the alleged contempt and is allowed to defend themselves. This step is crucial as it initiates the trial phase of a contempt case and ensures due legal process is followed.
Four contempt petitions have been filed
At least four contempt petitions have been filed over the years to enforce the high court order of giving benefits of regularisation passed in 2022.
A bench led by Justice Ananda Sen summoned the JSMDC MD for framing contempt charges, citing continuous violations and attempts to “overreach the court’s order.”
During the earlier hearing, State government counsel Sachin Kumar argued that the court’s directives had been fully complied with. He stated that for five employees, the order had been executed, and for the remaining ten, compliance would be ensured within two weeks.
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However, the employees’ counsel, Pandey Neeraj Rai, countered that JSMDC was pressuring employees to submit affidavits or undertakings before implementing the court’s order.
“The petitioners fear that compliance is being made conditional upon providing an affidavit or undertaking,” Rai said.
The court, in its order dated January 12, 2025, firmly stated that employees cannot be compelled to submit such documents and that its order must be followed in “true letter and spirit.”
Timeline of the Case:
The regularization of employees by the JSMDC was done with effect from 2012. But the benefits were not granted. The employees approached the high court and after two rounds of writ proceedings finally, in 2022, the high court directed the JSMDC to provide all benefits of regularisation within 8 weeks.
However, the successive JSMDC board meetings between October 2022 and May 2023 ignored the matter, despite assurances given in contempt cases filed in 2022. Again, a contempt petition was filed. The court granted a final opportunity for compliance. However, in July 2023, the JSMDC filed a show cause, stating compliance will only follow eligibility verification. The court disposed of the contempt petition in January 2024 giving 12 weeks to comply with the order.
However, the JSMDC did not comply forcing the employees to file a second round of contempt cases in July last year. Repeated extensions were granted, culminating in a warning of no further leniency. The court ordered the MD’s physical presence if non-compliance persists. In Oct 2024 the JSMDC filed a show cause, again citing pending verification. The MD appeared in court and assured compliance.
In November 2024, the JSMDC issued an office order requiring employees to submit affidavits declaring themselves as contractual workers—contrary to the High Court’s ruling.
The JSMDC claimed compliance by enforcing this affidavit requirement. Petitioners, however, filed supplementary affidavits highlighting this as further contempt.
The Court, in December 2024, granted one last opportunity for compliance. In January 2025, the JSMDC assured compliance within two weeks, with a clear directive from the court prohibiting any affidavit or undertaking as a condition for compliance.