Siya Ram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.25 of 2020 In Civil Writ Jurisdiction Case No.21806 of 2019 ====================================================== Siya Ram Singh Son of Late Chandrika Singh Resident of village and P.O.- Maranchi, District- Patna.

... ... Appellant/s

Versus

1.

The State of Bihar through Principal Secretary, Labour Department, Govt. of Bihar, Patna.

2.

The General Manager, Bihar Co-operative Weavers Spinning Mills, Mokama.

3.

Assistant Manager (Marketing), Retail Marketing Division, National Textile Corporation Ltd., Kolkata.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Mrityunjay Kumar, Advocate Mr. Rajan, Advocate For the Respondent/s :

Mr. Ajay Kumar Rastogi (AAG 10) Mr. Dr. Mayanand Jha, Advocate Mr. Giridhar Gopal Tiwary, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) Date : 01-10-2021 This appeal is directed against the judgment/order dated 09.12.2019 passed in C.W.J.C. No. 21806 of 2019, titled

2/4 as Siya Ram Singh Vs. The State of Bihar& Ors., by a learned Single Bench of this Court, whereby the writ petition stands dismissed.

We have perused the record of earlier writ petition bearing CWJC No.12358 of 2006 Titled as Siya Ram Singh Vs. The State of Bihar & Ors. allowed on 26.02.20215, wherein petitioner prayed for the following relief(s):- "(a) For quashing the award dated 03.01.2006 passed in reference case no.40 of 1996 by which the petitioner claimed of the date of birth as registered in the E.S.I. identity Card been rejected.

(b) For giving a direction to respondent authority to consider the date of birth of registered in the E.S.I. identity card and accordingly calculate the date of retirement of petitioner and give all the consequential benefit thereof.

(c) Any other relief/reliefs to which the petitioner be found entitled in the eye of law in the present facts and circumstances of the case."

We have also perused the record of L.P.A. No.1798 of 2015, titled as Bihar Cooperative Weavers Spinning Mill Vs. Sri Siya Ram Singh & Anr. assailing the judgment dated 26.02.2015 passed in the said writ petition.

The writ petitioner/appellant was held entitled to all

3/4 benefits, including monetary benefits, in terms of the judgments rendered therein.

However, in the appeal referred to supra, the operation of the judgment dated 26.02.2015 passed by the learned Single Judge was stayed on 31.01.2017 and with the dismissal of the appeal, interim order vacated vide judgment dated 27th of March, 2018.

It is stated, undisputedly, that immediately thereafter all monetary benefits were disbursed to the writ petitioner- appellant herein.

In this view of the matter, we do not find the writ petitioner-appellant herein entitled to payment of interest on the monetary benefit disbursed to him for which he had preferred a second petition, subject matter of the present appeal. The principle of constructive res judicata will apply, for earlier the Court never directed payment of interest, which order the writ petitioner-appellant herein freely accepted.

As such, we do not find any reason sufficient enough to interfere with the impugned judgment dated 09.12.2019 delivered in C.W.J.C. No. 21806 of 2019 titled as Siya Ram Singh Vs. The State of Bihar & Ors., subject-matter of the present appeal, more so in view of the law laid down in Jogendrasinhji Vijaysinghji Vs. State of Gujarat and others,

4/4 (2015) 9 SCC 1. The appeal stands dismissed.

Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- AFR/NAFR CAV DATE Uploading Date 05.10.2021 Transmission Date