Surendra Kumar v. Bihar State Electricity Board And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13726 of 2012 ====================================================== Surendra Kumar, Son Of Late Sri Indradeo Singh Resident Of VillageGangapur, P.O. + P.S.- Narhat, District- Nawadah .... .... Petitioner/s

Versus

1. Bihar State Electricity Board through Its Secretary Vidut Bhawan, Bailey Road, Patna

2. The Chairman, Bihar State Electricity Board, Vidut Bhawan, Bailey Road, Patna

3. The Secretary, Bihar State Electricity Board, Vidut Bhawan, Bailey Road, Patna

4. R.P. Srivastava, Joint Secretary, Bihar State Electricity Board, Vidut Bhawan, Bailey Road, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramanuj Tiwary, Advocate.

For the Respondent/s :

Mr. Vinay Kirti Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 05-05-2015 Having regard to the fact that the petitioner is admittedly a workman of the then Bihar State Electricity Board and is governed by the certified standing order providing a remedy against the order of dismissal from service pursuant to the departmental proceeding under Section 10 of the Industrial Disputes Act before the Labour Court, this writ application, in view of the law laid down by the Division Bench In the case of Abdul Khalique v. H.E.C. Ltd. & Ors. reported in 1985 BBCJ 114, is not maintainable. That being so, this writ application is dismissed. It is, however, made clear that the dismissal of the writ application shall not prejudice the petitioner in seeking remedy before the appropriate Labour Court.

(Mihir Kumar Jha, J) Sujit/- U