← Library
Patna High CourtCWJC/19211/2019disposed

Saryu Das v. The State Of Bihar

2019-10-25Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19211 of 2019 ====================================================== Saryu Das, Son of Karu Das, Residence of Village- Barbatta, Post- Nonahi, P.S. Kako, District- Jehanabad, Pin code- 804418 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Labour Department Govt. of Bihar.

2.

The Chief General Manager, State of Bank of India, Head Office, Patna. 3.

The Regional Manager, State Bank of India, RBO, AP, Colony, Gaya. 4.

Branch Manager, State Bank of India, Branch Hajiur (Jehanabad). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subodh Kumar, Advocate For the State :

Mr. Anil Kr. Singh (GP-26) For the SBI : Mr. Kaushalesh Chaudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-10-2019 Heard learned counsel for the parties.

2. The petitioner claims that he is working on daily wage basis at Hajipur (Jehanabad) branch of the State Bank of India as Sweeper since 2003 and his services are not being taken now since 25.09.2018. According to him, a total sum of Rs. 19,850=00 has remained pending, which is legally payable to the petitioner against his wages.

3. Learned counsel appearing on behalf of the State Bank of India has contended that the pleadings in the writ application are self-contradictory and do not definitely suggest that the petitioner had been working continuously since 2003.

Patna High Court CWJC No.19211 of 2019(2) dt.25-10-2019 2/2

4. The petitioner seeks disposal of a representation which has been filed by him before the Chief General Manager of the Bank, which is at Annexure-6.

5. I am not inclined to entertain the writ application as the petitioner has not been able to establish any legal right to continue on daily wage basis, in a proceeding under Article 226 of the Constitution of India. The petitioner may approach the appropriate forum by invoking appropriate provisions of law to establish his right to continue.

6. The writ application stands disposed of with the observation aforesaid.

(Chakradhari Sharan Singh, J) Rajesh/- U