Pirthivi Chandra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13355 of 2022 ====================================================== Pirthivi Chandra Yadav Son of Late Anandi Yadav, Residence of VillageBargoan, P.S. Hasanpur, District- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of labour resources, Govt. of Bihar, Patna.

2.

The Labour Commissioner, Department of Labour Resources, Govt. of Bihar, Patna.

3.

The Joint Secretary, Department of labour Resources, Govt. of Bihar, Patna. 4.

The Joint Labour Commissioner, Bihar, Patna.

5.

The Chief Factory Inspector, Bihar, Patna.

6.

The Deputy Labour Commissioner, Bihar, Patna. 7.

The Labour Superintendent, Samastipur.

8.

The Factory Inspector, Samastipur Circle, 9.

The Executive President, Hasanpur Sugar Mills, Hasanpur Road, Samastipur.

10.

The Board of Directors, Hasanpur Sugar Mills, Hasanpur, Samastipur. 11.

The Manager, hasanpur Sugar Mills, Hasanpur, Samastipur. 12.

The Cane Secretary, Department of Cane, Govt. of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Advocate For the Respondent/s :

Smt. Anuradha Singh (SC 21) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 14-12-2022 Heard learned counsels for the respective parties. In the instant petition, petitioner has prayed for the following reliefs:- "(i) To pay of arrear of over Time Wages amount since December 1985 to May 2008 approximately Rs.

3,53,500=00 (Three Lac Fifty Thousand Five Hundred) only to the petitioner.

(ii) To pay arrear of Over Time

Patna High Court CWJC No.13355 of 2022(3) dt.14-12-2022 2/2 Wages amount Rs.3,53,500=00 with statutory interest of 18%P.A to the petitioner since December 1985 to up till now.

(iii) To take final decision of representation filed by the petitioner for payment of Over Time wages of several time from 2010 to up till know before the respondents authorities.

(iv) To pay such other relief(s) for which the petitioner is entitled to:-"

Petitioner has statutory remedy in raising dispute before the Industrial Tribunal or submitting proper application before the Industrial Tribunal insofar as non-payment of overtime wages. Present petition is not maintainable on the ground of non-exhausting statutory remedy.

Accordingly, the present petition stands disposed off reserving liberty to the petitioner to invoke appropriate remedy. (P. B. Bajanthri, J) Vikash/- U