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Patna High CourtCWJC/15195/2024disposed

Mithlesh Singh v. The State Of Bihar,

2024-10-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15195 of 2024 ====================================================== Mithlesh Singh Son of Harendra Singh Resident of Village- Kans Diar, P.S.- Doriganj, Dist- Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Labour Resources Deptt., Govt. of Bihar, Patna.

2.

The Labour Commissioner, Labour Resources Deptt., Govt. of Bihar, Patna. 3.

The Director, Employment and Training, Labour Resources Deptt., Govt. of Bihar, Patna.

4.

The Presiding Officer, Labour Court, Chapra, Saran. 5.

The Executive Director, Institute of Entrepreneurship Development, Bihar, Patna.

6.

The Director, Institute of Entrepreneurship Development, Bihar, Patna. 7.

The Camp Officer, Institute of Entrepreneurship Development, Saran, Chapra.

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

For the Petitioner/s :

Mr. Binod Kumar Sinha, Adv.

For the State :

Mr. Yogendra Pd. Sinha (AAG-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-10-2024 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. Upon perusal of the records, it transpires to this Court that by virtue of the present writ petition, order dated 25.07.2019 passed by the Labour Court, Chapra (Bihar) in P.W. Case No.04/2010 has been challenged before this Hon'ble Court.

3. Learned Counsel for the State raised preliminary objection and submits that against the aforesaid order dated

Patna High Court CWJC No.15195 of 2024(2) dt.07-10-2024 2/2 25.07.2019 passed by the Labour Court, Chapra (Bihar) in P.W. Case No.04/2010, there is a provision of appeal.

4. It transpires to this Court that the present matter is related to the Payment of Wages Act, 1936 in which the order has been passed by the Labour Court under Section 15 of the said Act and against the order under Section 15 of the said Act, there is a provision of appeal under Section 17 of the Payment of Wages Act, 1936.

5. Hence, the present writ petition stands disposed off directing the petitioner to prefer appeal under Section 17 of the Payment of Wages Act, 1936 (Act No.4 of 1936).

6. It is directed to the Appellate Court that delay if any, in filing the appeal is hereby directed to be condoned. (Dr. Anshuman, J) Divyansh/- U