Shyam Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15482 of 2019 ====================================================== Shyam Paswan, aged about 49 years, male, Son of Sri Rajendra Paswan, Resident of Village- Khabra Road, Chamru Pur, P.S. Kazi Mohammad Pur, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Department of Labour Resources, Govt. of Bihar, Patna.

3.

The Director Labour Resources Department, Govt. of Bihar, Patna. 4.

The Director, Employment and Training Directorate, Bihar, Patna. 5.

The Labour Commissioner, Tirhut Division, Muzaffarpur. 6.

The Deputy Labour Commissioner, Tirhut Division Muzaffarpur. 7.

The District Magistrate, Muzaffarpur.

8.

The Principal, Industrial Training Institute, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kunwar Ajit Singh, Adv.

For the Respondent/s :

Mr. Anil Kr. Singh (GP26) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 05-08-2019 According to the petitioner, he has not been paid the dues which he had earned as a daily-wager from June, 2014 to October, 2015 for which he has approached this

Patna High Court CWJC No.15482 of 2019 dt.05-08-2019 2/3 Court, with an additional prayer that apart from the wages due to him, he be also given interest on the said amount @ 18%.

2. After some arguments, the learned counsel for the petitioner submits that the petitioner would be satisfied if he is directed to make a suitable representation before the Principal, Industrial Training Institute, Muzaffarpur (respondent No. 8) for the needful, with a direction to the concerned respondent to dispose of his representation with a reasoned order and in case the claim of the petitioner is found to be tenable, with a necessary order directing for payment of his dues.

3. The prayer made on behalf of the petitioner appears to be quite reasonable.

4. Without going into the merits of the claim of the petitioner which would be dependent on various factors, the foremost amongst them being whether the petitioner has been worked for the aforesaid period, this Court directs that in case such a representation is filed before the concerned respondent, viz., the Principal, Industrial Training Institute,

Patna High Court CWJC No.15482 of 2019 dt.05-08-2019 3/3 Muzaffarpur (respondent No. 8) within a period four four weeks from today, he, after verifying the facts and ascertaining the entitlement of the petitioner, shall pass a reasoned order in accordance with law within a period of eight weeks of the receipt of such representation.

5. If the claim of the petitioner is found to be tenable, it is expected that necessary sequel order shall be passed, keeping in mind the fact that petitioner is a dailywage worker who ought not to be made to run from one place to another for getting paid the dues of remuneration to which he is entitled.

6. With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 06.08.2019 Transmission Date N/A