Patna High CourtCWJC/7917/2015dismissed

Shri Rishi Kumar Singh @ Rishi Kumar v. The State Of Bihar And ORS

2017-08-17Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7917 of 2015 ======================================================

1. Shri Rishi Kumar Singh @ Rishi Kumar Son of Shri Kamta Singh, residentof (Messors Punam Bidiography Simaria) Village- Simaria PO + P.S. Jamhar, District- Aurangabad (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar through D.M. Aurangabad

2. The Labour Superintendent Aurangabad.

3. The District Certificate Officer, Aurangabad.

4. Shri Bhola Kumar, Ravi, Son of Shri Satyanarayan Ram Village- Amba, P.S.Kutumba District- Aurangabad.

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

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Respondent/s : Mr. Ajay Bihari Sinha, S.C.-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-08-2017 Heard the learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is challenging the initiation of proceeding under the P.D.R. Act. The certificate proceeding has been initiated on account of not depositing the amount of Rs. 1,33,320/- which was computed in a proceeding which was initiated under the Minimum Wages Act by the S.D.O. on the basis of complaint made by the Labour Superintendent-cumAuthority under the Minimum Wages Act. It appears that the petitioner did not appear, the case was decided ex parte. It is admitted fact that the petitioner has not challenged the order before any appellate authority. The P.D.R. proceeding is fall-out

Patna High Court CWJC No.7917 of 2015 (2) dt.17-08-2017 2/2 of the Minimum Wages proceeding. The proceeding under the P.D.R. Act cannot be said to be illegal.

In such view of the matter, there is no merit in the present case. However, the petitioner if so advised, may take step to challenge the order passed by the S.D.O. before the appropriate forum.

This application is dismissed.

(Shivaji Pandey, J) Vats/- U