Mac Dowell Workers Union v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20196 of 2016 =========================================================== Mac Dowell Workers Union, having its registrered office at Hathidah, P.S.- Hathidah, Mokama, District- Patna through its Generaql Secretary Sri Ratneshwar Prasad Singh .... .... Petitioner/s

Versus

1. The State of Bihar, through the Chief Secretary.

2. The Principal Secretary, Department of Registration, Excise and Prohibition, Govt. of Bihar, Patna.

3. The Principal Secretary, Finance Department, Govt. of Bihar, Patna.

4. The United Spirits Limited, Hathidah-803301, P.S. Hathidah, District Patna through its Unit Head.

5. The United Spirits Limited, UB Tower , 24, Vittal Maliya Road, Banglore560001 through its Managing Director. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ujjwal Kumar Sinha, Adv For the State : Mr. Lalit Kishore, PAAG-1 Mr. Manish Dhari Singh, AC to PAAG-1 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 25-07-2017 The employees' union of a liquor company has filed this petition in public interest and their grievance in the writ petition are that due to the prohibition act which has come into force in the State of Bihar, the establishment where the employees of the petitioner's association were working has come to a halt. The

Patna High Court CWJC No.20196 of 2016 dt.25-07-2017 2/3 employees have been rendered jobless and seeking direction to the State Government to create alternative avenues for employment of the workers, the writ petition was filed.

On notice being issued, respondents have filed counter affidavit which goes to show that after closure of the establishment in question action has been taken for granting them statutory benefits that are available to them under various labour enactments i.e. Industrial Disputes Act, the payment of gratuity and other benefits. It is stated that apart from the statutory benefits having been available on closure of an establishment as per the labour enactment, no further direction can be issued in the Public Interest Litigation.

We can appreciate the financial hardship and the anxiety of the petitioner's association on account of unemployment of the workmen due to the situation created, however under law, in a petition under Article 226 of the Constitution, this Court can only direct enforcing the statutory rights available to the workers namely the statutory rights accruing to them by virtue of various labour enactments like Industrial Disputes Act, payment of gratuity etc and as these benefits have already been conferred as per statement of respondent No. 2, no further indulgence into the matter is called for. In case the petitioners have any grievance with

Patna High Court CWJC No.20196 of 2016 dt.25-07-2017 3/3 regard to monetary benefit not been granted to them, they are free to take recourse by approaching the statutory authority with regard to the aforesaid relief.

With the aforesaid, the application stands disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01/08/2017 Transmission Date NA