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Patna High CourtCWJC/9293/2016disposed

Rajiv Kumar Jha v. The Union Of India And ORS

2025-06-17Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9293 of 2016 ====================================================== Rajiv Kumar Jha S/o Sri Baldev Jha Resident of Village - Majhaulia State, P.S. Bathnaha, Distt- Sitamarhi.

... ... Petitioner/s

Versus

1.

The Union Of India 2.

The Zonal Manager, Bank of Baroda , Regional Office, Anand Bhawan, Boring Kanal Road, Patna.

3.

The Regional Manager, Bank of Baroda Regional Office, Anand Bhawan, Boring Kanal Road, Patna.

4.

The Branch Manager, Bank of Baroda , Sheohar at Majhaulia. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subodh Kumar, Adv.

Mr. Devendra Kumar, Adv.

For the Respondent/s :

Mr. Kaushal Kumar Jha, Adv.

Mr. Mr. Nishi Nath Ojha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-06-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the Bank of Baroda.

2. Learned Counsel for the petitioner submits that the present writ petition has been filed for directing the respondent to re-appoint the petitioner as a regular worker in the Bank of Baroda as he was initially appointed as daily worker for sweeping on 24.06.2011 which is annexure-1 of the writ petition.

3. Learned Counsel for the Bank of Baroda fairly submits that the basis of the petitioner's claim is Annexure-1 which is letter issued by Branch Manager dated 24.06.2011

Patna High Court CWJC No.9293 of 2016(5) dt.17-06-2025 2/2 relating to hiring of service to the petitioner as sweeper of the branch on daily wage.

4. Counsel further submits that since the petitioner is admittedly not an employee therefore, under the Constitution, there is no protection granted to him. He further submits that at worst, the petitioner may file his claim before the Industrial Dispute Act for which the Labour Court is a competent authority.

5. In the light of the submissions made, the present writ petition is hereby disposed off, granting liberty to the petitioner to move before the Labour Court within 3 months from today along with this order.

6. With the aforesaid directions and observations, the present writ application stands disposed off. (Dr. Anshuman, J.) Prakashmani/- U