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Patna High CourtCWJC/5937/2017dismissed

Md. Fazlur Rahman v. The State Of Bihar And ORS

2018-01-03Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5937 of 2017 =========================================================== Md. Fazlur Rahman Son of Late Sarfuddin, Resident of Village- Dolme, Tola Telthi, Police Station Saur Bazar, District Saharsa. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary Labour Department, Patna.

2. The Principal Secretary, Labour Department, Bihar, Patna.

3. The Bihar State Road Transport Corporation through its Administrator, Parivahan Bhavan, Patna.

4. The Administrator, Bihar State Road Transport Corporation, Parivahan Bhavan, Patna.

5. The Special Officer, Bihar State Road Transport Corporation, Parivahan Bhavan, Patna.

6. The Divisional Manager, Bihar State Road Transport Corporation, Purnea.

7. The Depot Superintendent, Bihar State Road Transport Corporation, Saharsa. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Satish Kumar Singh, Advocate Mr. Dinesh Maharanj, Advocate For the Respondent/s : SMT.Anuradha Singh-SC21 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 03-01-2018 This writ petition has been filed by the petitioner for implementation of the award dated 13.07.2015 passed by the learned Presiding Officer, Labour Court, Purnea in Reference Case No. 1 of 2014 whereby and whereunder the management has been directed to reinstate the petitioner into service from the date of

Patna High Court CWJC No.5937 of 2017 dt.03-01-2018 2/2 termination with all consequential benefits.

2.

In sum and substance by filing the writ petition, the petitioner has prayed for execution of the order passed by the Labour Court.

3.

The prayer is thoroughly misconceived. This Court cannot be subverted to be an executing court of labour court/tribunal. The petitioner has equally efficacious remedy under the Industrial Disputes Act, 1947.

4.

Accordingly, the writ petition being ill advised, is dismissed.

(Ashwani Kumar Singh, J.) Kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date03.01.2018 Transmission Date NA