Patna High CourtCWJC/10291/2014dismissed

Bihar Dalit Vikas Samiti v. The State Of Bihar And ORS

2015-07-14Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 10291 of 2014 ====================================================== Bihar Dalit Vikas Samiti Rukunpura, Patna through its Chairman-cumDirector Fr. Anto Joseph s/o late Joseph Kurien resident of Gyanoday, Khaspur, P.S.- Sherpur, District Patna .... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Department of Labour, Government of Bihar Patna

2. Presiding Officer, Labour Court, Patna

3. Gajnafar Nawab, Maha-Sachiv, Audyogik Mazdoor Sangh, Kedar Bhawan, Adalatganj, Patna Kowtali P.S., District Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. K.M.Joseph For the Respondent/s : AC to SC - 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

14-07-2015 Heard Mr. K.M.Joseph, learned counsel for the petitioner and learned A.C. to Standing Counsel - 11. The petitioner has invoked the writ jurisdiction of this Court with a prayer to quash an order dated 24-01-2014 passed by the Presiding Officer, Labour Court, Patna in Reference Case No. 8 of 2011. By the said order, the learned court below has disposed of preliminary objection raised by the petitioner on the point of maintainability of the reference case. The preliminary objection regarding maintainability of the reference case was raised on the plea that the petitioner was a voluntary non-governmental organization registered for promoting human development among dalits. Since the preliminary objection, which involves

Patna High Court CWJC No.10291 of 2014 (3) dt.14-07-2015 2/2 examination on question of law as well as the fact, the learned court below has rightly rejected the plea of rejection of reference case on the ground of maintainability. The question, which has been raised by the petitioner, can be adjudicated at final stage. The writ petition stands dismissed.

(Rakesh Kumar, J.) Anay U