Sanjay Kumar Raushan v. The North Bihar Power Distribution Company Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4237 of 2018 ====================================================== Sanjay Kumar Raushan, Son of Kapildeo Yadav, Resident of VillageSarairadh, P.S.- Kishanpur, District- Supaul. ... ... Petitioner/s

Versus

1.

The North Bihar Power Distribution Company Ltd., Bailey Road, Patna through its Chairman.

2.

The Chairman, North Bihar Power Distribution Company Ltd., Bailey Road, Patna.

3.

The Managing Director, North Bihar Power Distribution Company Ltd., Bailey Road, Patna.

4.

The Executive Engineer, North Bihar Power Distribution Company Ltd., Electric Supply Division, Supaul 5.

The Assistant Engineer, North Bihar Power Distribution Company Ltd., Electric Supply, Sub-Division, Birpur/Nirmali, District- Supaul. 6.

The Junior Engineer, North Bihar Power Distribution Company Ltd., Electric Supply Unit, Saraigadh- Bhaptiyahi, District- Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunny Anand, Adv.

Mr. Sanjay Kumar Raushan, Adv.

For the Respondent/s :

Mrs. Nivedita Nirvikar Sr. Adv.

Mr. Manoj Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-12-2023 Learned counsel for the petitioner and learned counsel for the North Bihar Power Distribution Company Ltd., Patna are present.

2. Learned counsel for the petitioner submits that he is basically the employee of M/S Surendra Kumar Agency and through his immediate employer, he was doing work of North Bihar Power Distribution Company Ltd. on daily basis. The outsourced agency is also not been added as party respondent.

Patna High Court CWJC No.4237 of 2018(5) dt.19-12-2023 2/2

3. Learned counsel for the respondent submits that during the course of surprise visit of Electrical Executive Engineer, Electric Supply Division, Supaul on 19.08.2017, the petitioner was absent from his duty from 12.08.2017 to 18.08.2017 without permission of his Controlling Officer. Counsel also submits that there is a contractual agreement between the North Bihar Power Distribution Company Ltd. with agency M/S Surendra Kumar and the petitioner is not the employee of North Bihar Power Distribution Company Ltd.

4. As such, this Court is not inclined to grant any relief to the petitioner and if he has any grievance, he may avail remedy before the Labour Court.

5. With the observations and directions made above, this writ petition is hereby dismissed.

(Dr. Anshuman, J.) Divyansh/- U