Bihar State Labour Enforcement Officers Association, v. The Chief Secetary

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9545 of 2020 ====================================================== 1.

Bihar State Labour Enforcement Officers Association, Bihar, Patna having its office at - Satyanarayan Yadav Mukhiya Ji Gali, Opposite to Pillar No. 24, Khajpura, P.O.- B.V.College, P.S.- Patna Airport, Dist.- Patna, Bihar - 800014, through its president Sanjiv Kumar Chaudhary, Aged about 45 years, Male, S/o - Late Trilok Nath Chaudhary, Village - Naraynpur, Ward No. 13, P.O.- Narayanpur, P.S. - Bhaptiyahi, Dist - Supaul, Bihar - 852111. 2.

Sanjiv Kumar Chaudhary, S/o Late Trilok Nath Chaudhary, VillageNaraynpur, Ward No. 13, P.O.- Narayanpur, P.S. Bhaptiyahi, Dist - Supaul, Bihar - 852111.

... ... Petitioner/s

Versus

1.

The Chief Secetary Old Secretariat Government of Bihar, Patna. 2.

Additional Principal Secretary Labour Resource Department, 2nd Floor, CBlock, Niyojan Bhawan, Patna, Bihar. 3.

Labour Commissioner, 3rd Floor C-Block, Niyojan Bhawan, Patna, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rohit Mishra Advocate For the Respondent/s :

Mr.Lalit Kishore ( AG ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 06-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of Covid-19 pandemic. No one appears on behalf of the petitioner on repeated calls.

In the instant petition, petitioner has prayed for the following reliefs;- (i)"For quashing the office order no. 1729 Patna, dated 26.06.2020 issued under the signature of Labour Commissioner, Patna Bihar whereby and whereunder a

Patna High Court CWJC No.9545 of 2020(3) dt.06-01-2022 2/3 common transfer order of 151 labour enforcement officers has been issued. By the said order the aforesaid labour enforcement officers have been transferred to distant places in State of Bihar. (ii) For directing the concerned respondents to issue appropriate order till the present prevailing situation of Covid19 pandemic, to direct the concerned officers not to disturb/ force the officers of the Association of the present petitioners to move to another/ other places, if not very necessary. (iii) For directing the concerned respondents to act as a welfare state and not to act on their whims in present prevailing pandemic as it may expose to great risk of life to the employees and their family members.

(v) For any other relief/ reliefs, for which the petitioner be entitled for, in the facts and circumstances of the case."

The petitioner has questioned the validity of transfer order dated 26.06.2020. There is no interim order granted by this Court as on today so as to examine the matter on merits, since order of transfer is date back to one & half year. Learned counsel for the State on instruction submitted that both the petitioners have completed three years of tenure and their transfer is in accordance with transfer policy of the

Patna High Court CWJC No.9545 of 2020(3) dt.06-01-2022 3/3 State government.

In the light of these facts and circumstances the present petition do not survive for consideration. Accordingly, this writ petition stands disposed of. N.K/- (P. B. Bajanthri, J) U