Sudhir Prasad v. The Tilka Manjhi Bhagalpur University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16283 of 2015 ====================================================== Sudhir Prasad Son of Awadhesh Singh resident of village - Alawa, P.S. Ekangar Sarai, District Nalanda.

... ... Petitioner/s

Versus

1.

The Tilka Manjhi Bhagalpur University, Bhagalpur through its Vice Chancellor.

2.

The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. 3.

The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur. 4.

The Finance Officer, Tilka Manjhi Bhagalpur University, Bhagalpur. 5.

The Incharge, Regional Studies Centre, Tilka Manjhi University, Bhagalpur. 6.

The State of Bihar through its Secretary, Higher Education. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar, Adv.

Mr. Bijay Kr. Pandey, Adv.

For the Respondent/s :

Mr.P.K.Singh, SC12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 05-03-2019 Heard learned counsel for the parties.

In this case, the petitioner had raised an industrial dispute against the order of termination affected by the Tilka Manjhi University.

The Court of Government in exercise of power under the Industrial Dispute Act referred the dispute for adjudication with regard to termination of the services of the petitioner and the Labour Court, Bhagalpur, after considering all the facts and circumstances of the case, passed an award of reinstatement with back wages which is absolutely clear from paragraph no.13 of the

Patna High Court CWJC No.16283 of 2015 dt.05-03-2019 2/2 said award but, the University has reinstated but, not granted salary for the back wages.

The award was passed in the year 1994, the petitioner was reinstated in service in the year 1997 and the present writ application has been filed after much delay in the year 2015. In that view of the matter, this writ application is dismissed on the ground of delay and laches.

(Shivaji Pandey, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.03.2019 Transmission Date