Yogendra Prasad Singh @ Yogendra Singh v. Bihar State Road Transport Corporation And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20789 of 2013 ====================================================== Yogendra Prasad Singh @ Yogendra Singh S/O Late Naurang Singh Resident Of Village- Shiraj Pur, P.O- Ghatraen, P.S- Madanpur, District- Aurangabad. ... ... Petitioner/s

Versus

1.

Bihar State Road Transport Corporation through its Chairman, Birchandra Patel Marg, Patna 2.

Secretary, Bihar State Road Transport Corporation, Birchand Patel Marg, Patna.

3.

Administrator, Bihar State Road Transport Corporation, Birchand Patel Marg, Patna.

4.

Conducting Officer, Bihar State Road Transport Corporation, Birchand Patel Marg, Patna.

5.

Divisional Manager, Bihar State Road Transport Corporation, Gaya, District- Gaya.

6.

Depot Superintendent, Bihar State Road Transport Corporation, Aurangabad, District- Aurangabad.

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

For the Petitioner/s :

Mr.Sanjya Kumar Chaubey, Adv.

For the BSRTC :

Mr. P.K. Verma, Sr. Adv. With Mr. Saroj Kumar Sharma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 24-01-2023

1. Heard the parties.

2. The petitioner has preferred this writ petition assailing the order of dismissal dated 30th July, 2013 passed under the standing orders of the respondent Corporation, he was holding the post of Conductor.

3. Learned counsel appearing for the Corporation has raised the preliminary objections with regard to maintainability of writ petition, in view of specific provisions contained under

Patna High Court CWJC No.20789 of 2013(2) dt.24-01-2023 2/2 Section 10 of the Industrial Disputes act, 1947, there being a statutory remedy available to the petitioner.

4. I have considered the submission, keeping in view the provisions contained under Section 10, this Court finds that a statutory remedy is available to the petitioner for redressal of his grievance.

5. Considering that the issue would require recording of evidence etc., and if the enquiry is found to be unjustified and unfair, it would be appropriate to allow the petitioner to raise the dispute before the concerned Industrial Court. If such a dispute is raised, it is directed that the same may be decided expeditiously preferably within a period of one year.

6. With the said observation, the writ petition is accordingly dismissed.

(Sanjeev Prakash Sharma, J) Pravinkumar/- Item No. 29 U