Nand Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13743 of 2024 ====================================================== Nand Kishore Singh, Son of Late Arjun Singh, Resident of Village- Guguldih, Post- Guguldih, P.S.- Gidhaur, District- Jamui, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Forest and Environment, Government of Bihar, Patna.

2.

The Principal Chief Conservator of Forest, Bihar, Patna. 3.

The Regional Chief Conservator of Forest, Bihar, Patna. 4.

The District Magistrate, Jamui.

5.

The Conservator of Forest, Bhagalpur Circle, Bhagalpur. 6.

The Divisional Forest Officer, Jamui Division, Jamui. 7.

The Area Forest Officer, Jamui Range, Jamui.

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

For the Petitioner/s :

Mr.Rajendra Kumar Jain, Advocate For the Respondent/s :

Mr.Birju Prasad, GP 13 Mrs.Shweta Anand, AC to GP 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 20-09-2024 The petitioner has claimed that he worked under the Forest Department as a daily wage labourer for a considerable period of time without receiving entire payment. Previously, similarly situated daily wage labourers filed writ petitions praying for a direction to engage them in the Forest Department as Group IV employees or, alternatively, to make payment of their daily wages. While the prayer for absorption/engagement in the department was rejected by this Court in C.W.J.C. No. 8425 of 2008 and similar cases, a Coordinate Bench of this Court passed an order which runs hereunder:-

Patna High Court CWJC No.13743 of 2024(2) dt.20-09-2024 2/3 "If according to the petitioners, they have not been paid their daily wages for the period they have discharged their work, they shall be at liberty to approach the competent authorities by making representations, which shall be considered and disposed of in correct perspective. The respondents are directed to consider the cases of the petitioners, if they are found to be still working, for payment of their wages applying the principle of equal pay for equal work."

2. It is the case of the petitioner that the petitioner submitted representations on the basis of the direction made by this Court hereinabove but the said representations were not considered by the respondents authorities.

3. If the petitioner has worked as daily wage worker in the Forest Department, he is obviously entitled to get daily wages stipulated under the Minimum Wages Act.

4. Therefore, the Respondent No. 6 (The Divisional Forest Officer, Jamui Division, Jamui) is directed to consider the representation favourably and pass a reasoned and speaking order on the issue as to whether the petitioner is entitled to get daily wages on the basis of his work during the period for which he was not paid.

5. Such representation shall be disposed of within 60

Patna High Court CWJC No.13743 of 2024(2) dt.20-09-2024 3/3 days from the date of communication of this order.

6. With the above order, the instant writ petition is disposed of.

(Bibek Chaudhuri, J) uttam/- U