Krishna Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10967 of 2015 ====================================================== Krishna Ram Son of Late Suchit Ram resident of village - Lahthan, P.S. Agion Bazar, District - Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Secretary, Labour Welfare Department, Bihar, Patna

3. The District Welfare officer, Rohtas at Sasaram

4. The Deputy Director, Welfare Department Division, Patna

5. The Head Master, Govt. Schedule Caste residential Girls High School, Mokar, Sasaram, Rohtas .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Singh For the Respondent/s : AC to GP 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 01-10-2015 Heard Sri Dhirendra Singh, learned counsel for the petitioner and learned AC to GP No. 12.

The present writ petition was filed with a prayer to direct the respondents to act in the light of the order dated 27.10.2014 passed by the Presiding Officer, Labour Court, Dalmianagar in Wage Case No. 07 of 2012. By the said order learned Presiding Officer while allowing the Wage Case had directed the respondents to pay Rs. 3,85,280/- to the petitioner. In this case a counter affidavit has been filed and in paragraph no. 11 a specific stand has been taken that against the order passed by the Presiding Officer, Labour Court an Appeal has been preferred under Section 17 of the Payment of Wages Act,

Patna High Court CWJC No.10967 of 2015 (4) dt.01-10-2015 2/2 1936 vide Civil Miscellaneous Appeal No. 62 of 2015. It has further been clarified that the amount as directed by the Presiding Officer, Labour Court has already been deposited while filing the Appeal.

In view of fact that against the order, for implementation of which the writ petition has been filed an Appeal has already been preferred, there is no reason to pass any positive order in the present writ petition.

Accordingly, the writ petition stands disposed of. The petitioner if so advised may contest the Appeal before the court below.

(Rakesh Kumar, J) Praful/- U