Bandana Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8747 of 2015 ====================================================== Bandana Devi Wife of Late Sanjay Kumar, Resdident of Village - Jemra, Police Station - Barauni, District - Begusarai, presently residing at Vuillage - Simariya, P.S. - Barauni, District - Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Deputy Labour Commissioner cum Employees Compensation Commissioner, Munger Division, Begusarai 3.

Presiding Officer Lok Adalat, Civil Court, Begusarai, Bihar. 4.

Shah Issur Rahman, Member Lok Adalat Civil Court, Begusarai, Bihar. 5.

Ranish Kumar Member Lok Adalat, Civil Court, Begusarai, Bihar. 6.

Ram Pukari Devi, W/o Late Gujo Singh Village Jemra, P.O. - Barauni, District - Begusarai.

7.

District Certificate Officer, District - Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Binode Bariar For the Respondent/s :

Mr.Kumar Manish, SC-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-08-2019 The present order is being passed with the consent of the parties as also upon an agreement reached at amongst them to the effect that the matter can be remanded back to the learned Labour Commissioner, Munger Division, Begusarai,who is in seisin of W.C. Case No. 8 of 2010 and W.C. Case No. 12 of 2010, after quashing the award passed by the Lok Adalat, Civil Court, Begusarai dated 06.12.2014.

Having regard to the agreement reached at in between the parties, the award made by the Lok Adalat dated 06.12.2014 is quashed and the matter is remanded back to the learned

Patna High Court CWJC No.8747 of 2015(4) dt.09-08-2019 2/2 Court of Labour Commissioner, Munger Division, Begusarai who shall finally adjudicate the issue under consideration with regard to payment of rest of the amount, as determined earlier by the learned Commissioner, vide order dated 07.02.2012, plus the interest thereupon.

It is needless to state that the contentions to be advanced by the respective parties are left open and it would be upon the learned Labour Commissioner to take a final call on the legal and factual issues which have arisen in the present case.

Accordingly, the writ petition stands disposed off on the aforesaid terms with liberty to the respective parties to appear before the learned Labour Commissioner, Munger Division, Begusarai on 19th August, 2019 at 10:30 A.M. It is made clear that any default on the part of any party to appear on the aforesaid date and time before the learned Commissioner would entail forfeiture of claim of such party.

(Mohit Kumar Shah, J) S.Sb/- U