Kumar Abhinav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18678 of 2013 ====================================================== Kumar Abhinav Son Of Kameshwar Singh, Resident Of Mohalla- Naya Nagar, Ward No. 13, Supaul, P.S.District- Supaul ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors Government Of Bihar, Patna 2.

The Divisional Commissioner, Koshi Division, Saharsa 3.

The District Magistrate, Supaul 4.

The Sub-Divisional Officer, Supaul, District- Supaul ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Adv.

For the State :

Mr. Gautam Kr. Yadav, AC to GP 26 Mr. Ajay Kumar, AC to GP 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 23-01-2023

1. The petitioner had challenged the action of the respondents in removing him from the post of Computer Operator, where he was working on daily wage basis for almost fourteen years. Admittedly, the petitioner was working on a post which comes within the definition of workmen and the respondents action of removing him would amount to retrenchment.

2. In view thereof, the petitioner has a statutory remedy of raising a dispute under Section 10 of the Industrial Disputes Act 1947. If such a dispute is raised by the petitioner, the same shall be decided by the concerned Labour Court expeditiously within a period of one year after giving due

Patna High Court CWJC No.18678 of 2013(2) dt.23-01-2023 2/2 opportunity of hearing to the other side.

3. Granting such liberty as above, the writ petition is disposed of as this Court would not enter into disputed questions.

(Sanjeev Prakash Sharma, J) Sachin/- Item No. 12 U