Jagdish Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.855 of 2014 ====================================================== Jagdish Sah son of Late Ram Pratap Sah Resident Of Mohalla- Baghmali, P.S- Hajipur ( Town), District- Vaishali At Hajipur .... .... Petitioner/s

Versus

1. The State Of Bihar Through The District Magistrate, Vaishali At Hajipur, District- Vaishali At Hajipur.

2. The Additional Collector, Vaishali At Hajipur, District- Vaishali At Hajipur.

3. The Sub Divisional Officer, Hajipur, District- Vaishali At Hajipur.

4. The Labour Enforcement Officer, Hajipur Sadar, District- Vaishali At Hajipur.

5. The Auction Officer, Vaishali At Hajipur, District- Vaishali At Hajipur.

6. Gauri Shankar Sah @ Papu son of Late Rajinder Sah Resident Of Village- Tangaul, Purana Gandak Pool Ghat Road, P.S- Hajipur Town, District- Vaishali At Hajipur.

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

For the Petitioner/s : Sri Awadhesh Prasad, Advocate Mr. Shivpujan Sahay, Advocate For the Respondent/s : AC to GP 4 Sri Pramod Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 01-09-2015 After some argument, Sri Awadhesh Prasad, learned counsel, who was assisted by Sri Shivpujan Sahay, learned counsel for the petitioner, in presence of learned AC to GP No. 4 as well as Sri Pramod Kumar, learned counsel, who has appeared on behalf of the respondent no. 6, makes a prayer for disposal of the present writ petition, so that, in view of the order dated 24.9.2013 passed in Minimum (Miscellaneous) Appeal No. 368 of 2012 passed by the Commissioner, Tirhut Division, Muzaffarpur, the petitioner may approach the Additional

Patna High Court CWJC No.855 of 2014 (9) dt.01-09-2015 2/2 Commissioner, Labour, Tirhut Commissionery, Muzaffarpur. The prayer is allowed.

The writ petition stands disposed of with liberty as indicated above.

It goes without saying that if the petitioner approaches the Additional Commissioner, Labour Court, Tirhut Commissionery, Muzaffarpur, within a period of six weeks, the learned Additional Commissioner, Labour, Tirhut Commissionery, Muzaffarpur, may examine the Appeal on its merit and decide it in accordance with law.

In view of the order dated 13.5.2014, till further order, if the petitioner files application before the Additional Commissioner, Labour, Tirhut Commissionery, Muzzafarpur, within six weeks, no coercive steps shall be taken against the petitioner. It will be open to the concerned court to pass any interim order if it is filed within six weeks. (Rakesh Kumar, J) Praful/- U