Sital Chandra Kar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 16080 of 2013 ====================================================== Sital Chandra Kar S/o Sri Haripado Kar Resident of Mohalla- Vivekanand Colony, Ward No. 6/17, Purnia, P.S.- K. Hat, Distt. Purnea .... .... Petitioner

Versus

1. The State of Bihar through the Presiding Officer, Labour Court, Purnia

2. The District Board through the Deputy Development CommissionerCum-Chief Executive Officer, Purnia, Department of Panchayati Raj. .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Alok Kumar Sinha- I For the Respondents : AC to GP - 27 Mr. Mukul Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5.

19-08-2015 Heard learned counsel for the petitioner, learned A.C. to Govt. Pleader - 27 as well as Sri Mukul Prasad, learned counsel, who has appeared on behalf of respondent no. 2/District Board, Purnia.

Earlier, the case was adjourned on the prayer made by Sri Mukul Prasad, learned counsel for respondent no. 2 for obtaining instruction and filing counter affidavit, however; he submits that despite his best effort, he has not been able to get any instruction.

The petitioner, invoking writ jurisdiction of this Court, has made a simple prayer to direct the respondent particularly respondent no. 2 to implement the order passed by the

Patna High Court CWJC No.16080 of 2013 (5) dt.19-08-2015 2/2 Presiding Officer, Labour Court, Purnia, whereby, the Labour Court has allowed the M.W. Case No. 233 of 1993 and directed the respondent no. 2 to pay a meagre amount i.e. Rs. 10,770/- (ten thousand seven hundred & seventy) to the petitioner. The direction was given to pay the said amount within a month, failing which, the petitioner shall be entitled to get interest at the bank rate till the date of realization.

In view of the fact that no counter affidavit has been filed and the nature of prayer made in the writ petition, the Court is of the opinion that without further delaying the matter, the writ petition can be disposed of with a direction to respondent no. 2 to implement the order of the Labour Court within a period of two months from the date of receipt/production of a copy of this order. It is made clear that the petitioner shall be entitled to get interest at the bank rate from the date of order of the Labour Court, Purnia i.e. order dated 21-04-2012 till the date of receipt/production of a copy of this order.

With above observation and direction, the writ petition stands disposed.

(Rakesh Kumar, J.) Anay U