Patna High CourtCWJC/236/2017disposed

Ravi Mahto @ Ravi Kumar @ Ravi Kumar Mahto v. Union Of India And ORS

2017-07-11Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.236 of 2017 ===========================================================

1. Ravi Mahto @ Ravi Kumar @ Ravi Kumar Mahto, aged about 25 years, Resident of Mohalla Jila School, Ramna, Ward No. 35, Shankar Nagar, P.O.- Ramna, P.S. Mithanpura, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. Union of India through Chief Labour Commissioner (Central) Shram Shakti Bhawan Rafil Marg, New Delhi.

2. Chief Labour Commissioner (Central) Shram Shakti Bhawan Rafil Marg, New Delhi.

3. Secretary, Shram Shakti Bhawan, Rafil Marg, New Delhi.

4. Deputy Chief Labour Commissioner (Central), Room No. 6, 2nd Floor, Maurya Lok Complex, Patna.

5. Regional Labour Commissioner (Central) Room No. 6, 2nd Floor Mourya Lok Complex, Patna.

6. Labour Enformation Officer (Central) House of Prabhat Jarda Factory (Owner), Imamganj, Behind (Purani Bazar Naka), Muzaffarpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar Sinha, Adv. For the Respondent/s : Mr. S.D Sanjay, Addl. Soc. Gen. =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 11-07-2017 The petitioner prays for compassionate appointment in place of his mother who has died in harness. The petitioner claims to be her adopted son.

Mr. Deepak Kumar Sinha, learned counsel for the petitioner by filing a rejoinder relies upon an adoption deed executed on a non judicial stamp paper to submit that it was duly registered by the District Registry Office and thus is a valid adoption. In my opinion, the plea is misconceived for an adoption has to be by following the procedure prescribed under the Hindu Adoptions

Patna High Court CWJC No.236 of 2017 dt.11-07-2017 2/2 and Maintenance Act, 1956 and no other form can be termed a 'valid adoption'. The reliance by learned counsel on the deed of adoption, has no lawful support.

No cause for indulgence is made out. The writ petition is disposed of.

(Jyoti Saran, J) Bibhash/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.07.2017 Transmission Date NA