Aryan Paswan @ Aryan Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12458 of 2024 ====================================================== Aryan Paswan @ Aryan Kumar, Son of Late Vasudeo Paswan, Resident of Village-Oriyawan, P.S. Akangarsaral, District- Nalanda. ... ... Petitioner/s

Versus

1.

The Union Of India Secretary Ministry of Defence, New, Delhi. 2.

The Joint Secretary Department of Defence Production New Delhi. 3.

The Chief General Manager Ordnance Factory Nalanda Rajgir. 4.

The Chief Managing Director, Munitions India Limited, Pune, Resident of 2nd Floor, Nyati Unitree Nagar, R.C.L, Blue Hill Society Yerawada, Pune Maharashtra- 411006.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vibhakar Kumar, Advocate For the Respondent/s :

Mr. Kumar Ravish, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-09-2024 Learned Counsel for the petitioner and Learned Counsel for the Union of India are present.

2. This case has been listed under the heading 'To Be Mentioned' on the request of Counsel for the petitioner to mention defect no.32 which has been raised by the Stamp Reporter which is on the point of maintainability of the present writ petition.

3. Learned Counsel for the petitioner submits that the Organization in which the petitioner is working comes within the Ministry of Defence, Government of India. The Office has pointed out that if the petitioner is a contract worker, then his service conditions are regulated by the Industrial Disputes Act,

Patna High Court CWJC No.12458 of 2024(3) dt.19-09-2024 2/2 1947 and if the petitioner is working as a permanent worker, then the Central Civil Service (Conduct) Rules, 1964 shall apply.

4. Learned Counsel for the petitioner submits that permission may be given to him to withdraw the present writ petition with a view to avail remedy before the appropriate forum.

5. Learned Counsel for the Union of India submits that he has no objection for the same.

6. Permission is granted.

7. Accordingly, the present petition stands dismissed as withdrawn.

(Dr. Anshuman, J) Ashwini/- U