Amrendra Kumar And ORS v. The Railway Board And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2288 of 2018 ====================================================== Amrendra Kumar and Ors ... ... Petitioner/s

Versus

The Railway Board and Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Kumar, Adv.

For the Respondent/s :

Mr. Anil Kumar Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-10-2023 Heard learned counsel for the petitioners and learned counsel for the Union of India.

2. The present writ petition has been filed for quashing the orders issued under the signature of respondent no.5 by which the services of the petitioners who are working since long have been terminated. The order of termination of the petitioners is annexed in the writ petition as Annexure-9 series.

3. Counsel for the Union of India has raised preliminary objection and submits that the petitioners were employees of Bharat Wagon and Engineering Company Limited. From the order of termination dated 28.12.2017, it transpires that the petitioners were terminated according to provisions of the Industrial Disputes Act, 1947 and the remedy available to the petitioners against the said order of termination is before the concerned labour court (Central or State as the case

Patna High Court CWJC No.2288 of 2018(4) dt.03-10-2023 2/2 may be).

4. Counsel for the Union of India further submits that this company has already been struck off from the liability of R.O.C. with effect from 05.07.2022.

5. In the light of the preliminary objection raised by the Union of India, this writ petition stands disposed of with liberty to the petitioners to challenge their termination order before the concerned labour court.

(Dr. Anshuman, J.) prakashmani/- U