Anil Kumar Sharma vs. Bharat Coking Coal Limited Through Its C M D

Facts

The petitioner, Anil Kumar Sharma, filed a writ petition before the Jharkhand High Court seeking a direction for the respondent, Bharat Coking Coal Ltd. (BCCL), to make payment of admitted dues for work done by the petitioner's firm. The work involved the diversion of a Double Feeder Line. Additionally, the petitioner sought payment of the Goods and Services Tax (GST) amount that had been deducted from the firm. The petitioner's counsel requested permission to approach the concerned authority for redressal of grievances, and the respondent's counsel did not object. The Court, without delving into the merits of the case and with the consent of both parties, disposed of the writ petition.

Held

The Court, having heard the learned counsel for both parties and without entering into the merits of the case, and with the consent of both parties, disposed of the writ petition. The Court granted liberty to the petitioner to file a fresh representation before the concerned respondent authority, along with all relevant documents, within three weeks of receiving a copy of the order. The concerned respondent authority was directed to examine the matter and take a final decision in accordance with the law within eight weeks of receiving the representation. Therefore, no specific finding was made on the entitlement to the admitted dues or the GST amount, as the matter was remitted for fresh consideration by the respondent.

Key Issues

1. Whether the petitioner is entitled to a direction for payment of admitted dues for the work done, including the GST amount deducted, by Bharat Coking Coal Ltd.? Petitioner's contention: The petitioner sought a direction for the respondent to make payment of admitted dues for the work performed, which included the GST amount deducted. The petitioner's counsel requested liberty to approach the concerned authority for resolution. Respondent's contention: The respondent, Bharat Coking Coal Ltd., did not raise any objection to the petitioner's prayer to approach the concerned authority for redressal of grievances.