Food And Allied Workers Union v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7038 of 2023 ====================================================== Food and Allied Workers Union A Registered Trade Union through its President Chandra Prakash Singh, Aged about 70 Years, Male, Son of Late Tribhuwan Prasad Singh, Resident of Geetanjali, Road No.- 3, P.S.- Rajiv Nagar, Keshri Nagar, Fulwari, Patna ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna, Bihar.

2.

The Principle Secretary, Department of Labour Resources, Government of Bihar, Patna.

3.

The Principle Secretary, Department of Food and Civil Supply, Government of Bihar, Patna.

4.

The Bihar State Food and Civil Supplies Corporation Ltd., Khadya Bhawan, Rd. No. 2, Daroga Rai Path, Patna-1, through Managing Director. 5.

The Managing Director, the Bihar State Food and Civil Supplies Corporation Ltd., Khadya Bhawan, Rd. No. 2, Daroga Rai Path, Patna-1. 6.

The Deputy Chief Transport, the Bihar State Food and Civil Supplies Corporation Ltd., Khadya Bhawan, Rd. No. 2, Daroga Rai Path, Patna-1. 7.

The Deputy Chief Law, the Bihar State Food and Civil Supplies Corporation Ltd., Khadya Bhawan, Rd. No. 2, Daroga Rai Path, Patna-1 ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Amit Pandey, Adv.

For the State :

Mr. Anisul Haque, AC to AAG V For the Corporation :

M/s Shailendra Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 07-08-2025 Heard the parties.

2. Learned counsel for the petitioner has stated that the authorities have withdrawn the Letter No. PT-3/96 (part) 1739 dated 25.02.2023 issued by the Managing Director, Bihar State Food and Civil Supplies Corporation Limited and therefore prayer no. 1 sought for in the present Writ Petition has become infructuous.

3. Learned counsel for the petitioner states that so far

Patna High Court CWJC No.7038 of 2023(21) dt.07-08-2025 2/3 as the second prayer is concerned, the authorities have to pay the minimum wages with effect from 01.10.2022 at the rate of Rs.10.20/- per bag and not Rs.373/- per day. Learned counsel states that the authorities may be directed to consider the representation made by the petitioner vide Annexure P/3 dated 13.03.2023 by fixing a time frame.

4. Learned counsel appearing on behalf of the Respondent-Bihar State Food and Civil Supplies Corporation Limited has stated that the representation dated 13.03.2023 (Annexure P/3) does not contain any acknowledgment of the receipt of the same and therefore the petitioner may be directed to submit a fresh representation ventilating his grievance and the same may be considered in accordance with law.

5. Having regard to the above submissions, the present Writ Petition is disposed of directing the petitioner to make a suitable representation to the Managing Director (Respondent no. 5) within a period of four weeks from today. On such receipt of the representation, the Respondent No. 5 shall consider the same strictly in accordance with law and pass necessary orders. The entire exercise shall be completed as expeditiously as possible, preferably within a period of 12 weeks from the date of receipt of the representation of the

Patna High Court CWJC No.7038 of 2023(21) dt.07-08-2025 3/3 petitioner herein. In case the claim of the petitioner is found to be genuine the authorities shall endeavour to make the necessary payments within the stipulated time. However, in case the authorities comes to the conclusion that the claim of the petitioner is fit to be rejected he shall pass a reasoned order framing the reasons for such rejection. Any orders passed shall be communicated to the parties.

6. With the above directions, the present Writ Petition is disposed of.

(A. Abhishek Reddy , J) Shamshad/- U