Navin Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 12574 of 2014 ====================================================== Navin Kumar, son of Late Lakhan Mahto, Resident of Village- Harshankarpur Baghauni, P.S.- Tajpur, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Department of Agriculture, Government of Bihar, Patna 2.

The Secretary, Personnel and Administrative Reform Department, Government of Bihar, Patna.

3.

The Administrator, Bihar State Agriculture Marketing Board, Government of Bihar, Patna.

4.

The Finance Commissioner- cum- Secretary, Department of Finance, Government of Bihar, Patna.

5.

The Sub Divisional Officer- cum- Special Officer, Agriculture Produce Market Committee (Abolished), Tajpur, District - Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Nakul Kumar Jamuar, Advocate For the Respondent/s :

Mr Anil Kr Singh, GP XXVI ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 29-04-2019 Heard learned counsel for the petitioner and the respondent-State.

2 Petitioner approached this Court earlier in CWJC No 14601 of 2006 raising grievance regarding his termination from the services of the respondent-Board. Petitioner was granted liberty to approach the forum under Section 25F of the Industrial Disputes Act. The order of the Writ Court was affirmed up to the Division Bench. Petitioner thereafter, has approached the Labour

Patna High Court CWJC No.12574 of 2014 dt.29-04-2019 2/3 Court at Begusarai with respect to his aforesaid grievance. Reference Case No 1 of 2010 was considered by the Labour Court. Order dated 13.02.2012 has been passed therein to absorb the petitioner on the previous post.

3 The instant writ petition has again been filed for issuance of a writ to the respondents to consider the case of the petitioner for appointment on Class IV post under the respondentBoard as Sweeper on daily wages basis. Again, the petitioner has alleged violation of Section 25F of the Industrial Disputes Act. The instant writ petition is claiming a relief which was earlier claimed by the petitioner in proceedings arising out of CWJC No 14601 of 2006 in which this Court, refusing to exercise its discretion in favour of the petitioner under Article 226 of the Constitution of India, had observed that the issues raised were in the domain of a Labour Court. Pursuant to the said observation, the petitioner, as per Annexure 12, has availed opportunity before the Labour Court.

However, again a writ petition for the same relief, as claimed in CWJC No 1461 of 2006, has been filed. 4 This Court would observe that such successive writ petition, for the same relief when relief has been declined on the earlier occasion and pursuant thereto petitioner has already availed his remedy before the Labour Court, would not be maintainable.

Patna High Court CWJC No.12574 of 2014 dt.29-04-2019 3/3 5 Writ petition is devoid of merit and is dismissed. (Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.04.2019 Transmission Date NA