Patna High CourtMJC/18/2016dismissed

Putul Mazumder v. The State Of Bihar Throughsri S. Sidhartha Secretary Department Of Labour Govt. Of Bihar And ORS

2016-05-18Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.18 of 2016 In Civil Writ Jurisdiction Case No. 2724 of 2012 ====================================================== Putul Mazumder, W/o Late Ramlal Mazumder, Resident of 112, Desh Bandhu Sarani, Village-Nischinda, P.O.-Ghoshpara (Bali), DistrictHowrah-711 227 (West Bengal) .... .... Petitioner/s

Versus

1. The State of Bihar through Sri S. Sidhartha Secretary Department of Labour Govt. of Bihar, New Secretariat, bailey Raod, Patna.

2. Sri Dr. Anand the Deputy Labour Commissioner and the Controlling Authority Under Payment of Gratuity Act, 1972 Government of Bihar Magadh Range, Swarajya Puri Raod, Gaya.

3. Sri Dhirendra Agrawal Managing Director, S/o Late Daya Prakash M/s Daya Engineering Works (Sleeper) Ltd. 187, Anugraha Puri (A.P.) Colony, Gaya.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Ratan Kumar For the Respondent/s : Mr. Kundan Bhadur Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 18-05-2016 Heard the counsel for the petitioner as well as the State.

A show cause is filed on behalf of O.P. No. 1 and 2. The writ court in the order dated 09.02.2012, passed in C.W.J.C. No. 2724 of 2012, directed the Deputy Labour Commissioner-cum-Controlling Authority to consider the representation/application of the petitioner and take remedial steps.

It is stated that the application of the petitioner was taken notice by the said Authority and a direction was issued to

Patna High Court MJC No.18 of 2016 (2) dt.18-05-2016 2/2 the company for payment of the outstanding dues of the deceased husband of the petitioner with interest. Finding non-compliance of the direction, the Deputy Labour Commissioner has presented a requisition before the District Certificate Officer, Gaya for initiating a certificate proceeding against the said employer company for recovery of the gratuity amount with interest. Considering the above, in my view, the order dated 09.02.2012, passed in C.W.J.C. No. 2724 of 2012, has been complied with. The counsel for the petitioner states that the petitioner would pursue her remedy before the District Certificate Officer.

The contempt application is dismissed.

(Kishore Kumar Mandal, J) rohit/- U