Dainik Baitan Bhogi Karmchari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13240 of 2007 =========================================================== Dainik Baitan Bhogi Karmchari Sangh, represented by Sri Dinesh Yadav, Secretary, Begusarai .... .... Petitioner/s

Versus

1. The State of Bihar

2. D.F.O. Begusarai Ban Pramandal, Begusarai

3. Ranger, Begusarai Ban Pramandal, Begusarai

4. Ranger, Barauni Ban Pramandal, Baruni, Begusarai

5. Ranger, Kahar Ban Pramandal Kahar, Begusarai

6. Regional Chief Conservator of Forest, Muzaffarpur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dronacharya Mr. Ravindra Kr. Rai Arghesh Kumar For the State Mr. B.B.K. Singh, A. C. to PAG 4 ========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 30-04-2015 Heard Mr. Dronacharya for the petitioner and the counsel for the respondents.

The members of the petitioner-Sangh claim to have been engaged by Begusarai Forest Division has filed the present writ petition for a direction upon the respondents to pay the outstanding dues of daily wagers (members of the Sangh). Some of the members of the Sangh claim to have been engaged by the respondent during the year 1994-96 but the wages were not paid. Prior to the present one, at least two writ petitions were filed for similar relief(s). CWJC No. 3636 of 2001 was disposed of by permitting the petitioner to make a representation before the

Patna High Court CWJC No.13240 of 2007 dt.30-04-2015 2 / 3 appropriate authority for consideration of their grievances. In the light of the said order of this Court, the Regional Chief Conservator of Forest, Muzaffarpur passed a reasoned order dated 31.01.2005 (Annexure-1) rejecting the representation of the petitioner. It appears therefrom that some of the members of the Sangh were paid wages whereas some of them refused to accept the same which was offered through cheque.

In the aforesaid background the Sangh again filed a writ petition in this Court vide CWJC No. 13090 of 2005. The same was disposed of on 03.04.2007 (Annexure-2/A) once again permitting the petitioner-Sangh to represent along with all documents in respect of the claim before the appropriate/competent authority who was directed to dispose of the same. The respondent once again considered the representation in the light of the said order and disposed of the same by an order 13.07.2007 attached to letter no.930 dated 13.07.2007. This is the 3rd occasion when the petitioner-Sangh has filed the present writ petition for similar relief(s). On the basis of the pleadings no relief can be granted by this Court.

However, Mr. Dronacharya submitted that earlier representations were rejected mainly on the ground that all documents were not furnished by the petitioner and as such the

Patna High Court CWJC No.13240 of 2007 dt.30-04-2015 3 / 3 petitioner be granted liberty to file a fresh representation before the appropriate/competent authority along with all the documents in possession of the Sangh in support of the claim for consideration. Regard being had to above, this Court while disposing of the writ application permits the petitioner to make such a representation before the appropriate/competent authority for fresh consideration and disposal in accordance with law. (Kishore Kumar Mandal, J) HR/- U