Bihar State Power Generation Company v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1594 of 2014 IN Civil Writ Jurisdiction Case No. 8790 of 2008 =========================================================== Bihar State Power Generation Company (Formerly, General Manager Thermal Power Station) through its General Manager Cum Chief Engineer, Patna., At & P.O. Barauni Distt-Begusarai.
.... .... Appellant
Versus
1. The State of Bihar, through its Secretary, Department of Labour and Employment New Secretariat, Patna-1
2. The Presiding Officer, Labour Court at Begusarai.
3. The General Secretary, Bihar Vidyut Kamgar Sangh, Patel Nagar, Patna-3
4. Bhibhu Sankar Sharma S/o Sardha Nand Sharma, Resident of Village - Chintamani Chowk ,PS- Mokama District-Patna.
5. Mahendra Mallick S/o Late Bipat Mallick , Resident of Village - Dih, PSBirpur, District-Begusarai. .... .... Respondents =========================================================== Appearance :
For the Appellant :
Mr. Vijoy Nandan Sahay, Advocate For the Respondent State: Mr. AC to GA-10 For the Pvt. Respondents :
Dr. Kumar Binode Bariar, Advocate Mr. Pramod Manbansh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 11-05-2017 Heard learned counsel for the parties.
Appeal is dismissed because it is nothing but an effort on the part of an employer to deny the benefits of an award given to the workmen by method fair or foul. There is absolutely no merit in the appeal whatsoever. The learned single Judge has rightly directed that the workmen are entitled to the benefit of Section 17 B of the Industrial Disputes Act, 1947 since the Award still subsists and only
Patna High Court LPA No.1594 of 2014 dt.11-05-2017 2/2 a challenge has been thrown with no order of restrain on its enforceability by the writ Court.
Appeal is dismissed.
(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Pawan/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 12.05.2017 Transmission Date N/A