Diwakar Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12876 of 2011 ====================================================== Diwakar Jha S/O Late Sudarshan Jha R/O Vill.- Dumaria (Motia), P.O.- Dumaria (Motia), P.S.- Godda, Distt.- Godda, substituted by his son Ranu Kumar Jha, presently residing in the house of Sri B.N.Sinha, Indrapuri, Road No.12, P.O. Hehal P.S. Sukhdeo Nagar, District Ranchi, Jharkhand .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Chief Secretary Government Of Bihar At Patna

2. The Labour Resources Department, Govt. Of Bihar, Through Its Secretary At Patna

3. The Bihar State Road Transport Corporation, Through Its Managing Director At Patna

4. The Managing Director Bihar State Road Transport Corporation At Patna

5. The Presiding Officer, Labour Court, Bhagalpur

6. The Secretary Labour Resources Department, Government Of Bihar At Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar For the Respondent/s : Mr. Md. N. Hoda Khan Sc18 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER I.A. No. 8066 of 2015 12-10-2015 It is stated that during the pendency of this writ application the sole petitioner died on 30.07.2015 whereas the present interlocutory application has been filed along with the Vakalatnama of his heir and legal representative on 28.09.2015.

Having heard the parties, the interlocutory application (I.A.No.8066 of 2015) is allowed. Let the name

Patna High Court CWJC No.12876 of 2011 (3) dt.12-10-2015 2/3 of the deceased petitioner be deleted and in his place his heir and legal representative as set out in paragraph 1 thereof be substituted.

Both parties agreed for disposal of the writ petition. I have heard them on merit.

The writ petition has been filed for a direction upon the respondents for quick disposal of Reference Case No. 03 of 1980. It has been stated that the case could not be disposed of for want of the Presiding Officer of the Labour Court, Bhagalpur.

Counsel for the respondent-Corporation, on the basis of the instruction received through letter dated 20.09.2011, (a copy whereof was produced for perusal of the Court), has submitted that the Presiding Officer of the labour court) Bhagalpur has already been appointed and the same is functioning. He also states that the Reference Case No. 03 of 1980 is also under consideration by the court. In that view of the matter, it appears to this Court that the grievance of the petitioner has been redressed. The labour court at Bhagalpur is already functioning and is in seisin of the Reference Case No.03 of 1980. The writ application is dismissed as having become infructuous.

Patna High Court CWJC No.12876 of 2011 (3) dt.12-10-2015 3/3 Needless to observe that if the parties cooperate with the labour court, the latter will dispose of the case in accordance with law, as quickly as possible, if not already disposed of.

(Kishore Kumar Mandal, J) HR/- U