Ravindra Prasad v. The B.S.R.T.Corporation And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12654 of 2010 ====================================================== Ravindra Prasad S/O Late Sheo Mangal Prasad R/O Vill.- Phulwariya, P.S.- Sugauli, Distt.- East Champaran .... .... Petitioner

Versus

1. The Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchand Patel Path, Patna

2. The Administrator, Bihar State Road Transport Corporation Pariwahan Bhawan, Birchand Patel Path, Patna

3. The Administrator (Chief) Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchand Patel Path, Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Ranjan I For the Respondent/s : Mr. P.K.Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 22-05-2015 Heard learned counsel for the parties.

Having regard to the admitted position that the petitioner is a workman of the Bihar State Road Transport Corporation, the remedy for him against the order of dismissal will be only before the Labour Court/ Industrial Tribunal in terms of section 10 of the Industrial Disputes Act as also held by the Division Bench of this Court in the case of Abdul Khalique v. H.E.C.Ltd. & ors., reported in 1985 BBCJ 114. .

That being so, this application is wholly misconceived and is, accordingly, dismissed.

The dismissal of this application, however, will not come in the way of the petitioner in seeking remedy under the Industrial

Patna High Court CWJC No.12654 of 2010 (3) dt.22-05-2015 Disputes Act and if it is done so the State Government will keep in mind that this writ application, though misconceived, has remained pending from 5.8.2010.

(Mihir Kumar Jha, J) surendra/- U