Rajendra Prasad @ Painter And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12645 of 2015 =========================================================== Narayan Purbey, Son of Late Raj Kumar Purvey, General Secretary, Nirman Kamgaar Federation (Affiliated to AITUC), Kedar Bhawan, Amarnath Road, P.S.- Kotwali, Town & District-Patna.
.... .... Petitioner
Versus
1. The State of Bihar, through the Principal Secretary, Labour Resource Department, Patna.
2. Labour Commissioner-cum-Chairman, Bihar Building and other Construction Worker Welfare Board, Patna.
3. Additional-cum-Joint Secretary, Bihar Building and Other Construction Worker Welfare Board, Patna.
4. Advisor-cum-Joint Secretary, Bihar Building and other Construction Worker Welfare Board, Patna.
5. Secretary-cum-Ex- Officio Chairman, Labour Employment and Training, Bihar, Patna.
.... .... Respondents With =========================================================== Civil Writ Jurisdiction Case No. 12066 of 2015 =========================================================== Ajay Kumar Singh, Son of Harishankar Singh, resident of Village- Hasanpur, Anchal Chakiya, P.S.- Pipra, District- East Champaran. .... .... Petitioner
Versus
1. The State of Bihar through the Secretary, Health Department, New Secretariat, Patna.
2. The District Core Committee, through District Magistrate, East Champaran.
3. The Executive Director, Rashtriya Swastha Bima Yojna, Department of Labour Resources, Bihar, Patna.
4. The Labour Superintendent, East Champaran.
5. The D.M., East Champaran.
.... .... Respondent/s With =========================================================== Civil Writ Jurisdiction Case No. 11666 of 2015 ===========================================================
1. Rajendra Prasad @ Painter Son of Sri Dudh Nath Prasad, resident of village + P.O.- Thakurai Parasian, P.S.- Nasriganj, District- Rohtas
2. Prabhu Dayal Pandey, son of Late Jagannath Pandey, General Secretary, Rohtas Zila Bhawan Evam Anaya San-Nirman, Majdoor Sangh, Dalmia Nagar, P.S.- Dalmia Nagar, District- Rohtas .... .... Petitioners
Versus
1. The State of Bihar
Patna High Court CWJC No.12645 of 2015 dt.04-02-2017 2/3
2. The Secretary, Labour Resources Department, Government of Bihar, Patna
3. The Labour Commissioner, Government of Bihar, Patna
4. The Bihar Building and other Construction worker, Welfare Board through Labour Commissioner, Labour Resources Department, Viaksh Bhawan, Patna
5. The Deputy Labour Commissioner, Swaraj Puri Road, Gaya.
6. The Labour Superintendent, Rohtas, Dehri On-sone.
7. The Labour Superintendent, Madhubani
8. Deepak Kumar, Labour Extension Officer, Raj Nagar, Madhubani, presently working on deputation as Labour Extension Officer, Nasriganj, Karakat block in Rohtas district through the Labour Commissioner, Government of Bihar, Patna .... .... Respondents =========================================================== Appearance:
For the Petitioner/s : Mr. Sagar Suman, Advocate. For the Respondent/s : Md. Naseem Mukhtar, AC to AAG-12. Mr. Dhirendra Kumar, AC to AAG-6.
=========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 04-02-2017 In the present public interest litigation, petitioners have sought implementation of the Building and other Construction Workers (Regulation of Employment and Conditions of Services) Act, 1996 and the Building and other Construction Workers' Welfare Cess Act, 1996.
Mr. Deepak Kumar, Principal Secretary, Labour Resources Department, has explained that registration of workers has been simplified i.e. at the rate of Rs. 30/- for five years with one time registration fee of Rs. 20/-. It is also pointed out that registration of the workers has been linked with Aadhar Card. It is also pointed out that a public interest litigation is
Patna High Court CWJC No.12645 of 2015 dt.04-02-2017 3/3 pending before Hon'ble Supreme Court in Writ Petition (Civil) No. 318 of 2006 (National Campaign Committee for Central Legislation on Construction Labour v. the Union of India & Ors.), wherein National Legal Services Authority has been directed to file status report in respect of the aforesaid two Acts.
Since Hon'ble Supreme Court is seized of the issue raised in the present writ application as well, we find that to continue with the present writ application would be meaningless. In view of the fact the issue raised in the present writ application is being examined by the Hon'ble Supreme Court, the preset writ application is disposed of.
(Hemant Gupta, ACJ) (Sudhir Singh, J) Mishra AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 08.02.2017 Transmission Date