Ajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15693 of 2022 ====================================================== Ajeet Kumar S/o Akshay Lal R/o Mohalla- Shiv Colony Ward No.- 11, PSSasaram, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director Bihar Education Council, Patna. 2.

The District Eudcation Officer Rohtas (Sasaram). 3.

The District Programme Officer (Serve Shiksha Abhiyan) Rohtas Sasaram. 4.

The Block Education Officer, Block Narsiganj, Dist.- Rohtas (Sasaram). 5.

The Headmaster Kasturba Gandi Balika School Nasariganj, Dist.- Rohtas (Sasaram).

6.

The Principal Secretary The State of Bihar Education Department. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramanuj Tiwary, Adv.

For the State :

Mr. Umesh Narayan Dubey, AC to GP 27 For the B.E.P.C.

:

Mr. Girijesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 22-12-2022

1. Admittedly the petitioner is a Night Guard working on contractual basis with the Respondent whose services have been dispensed with allegedly without conducting any enquiry. The removal from service of a Night Guard can be assailed by him by raising a dispute under the Industrial Disputes Act as he comes within the ambit of definition of workmen in terms of Section 2(S) of the Industrial Disputes Act of 1947. If such a dispute is raised under Section 10, the concerned Labour Court shall entertain the same directly and decide the same on merits expeditiously preferably within a

Patna High Court CWJC No.15693 of 2022(3) dt.22-12-2022 2/2 period of one week.

2. With the said liberty, the writ petition is disposed of.

(Sanjeev Prakash Sharma, J) Sachin/- Item No. 24 U