Mrs. Gloria M. Stark v. M/S Kalyanpur Cements Limited And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1418 of 2016 In Civil Writ Jurisdiction Case No.3999 of 1995 ====================================================== Mrs. Gloria M. Stark resident of Mohalla - Lodipur, P.S. Gandhi Maidan, District Patna ... ... Appellant/s

Versus

1. M/s Kalyanpur Cements Limited, through the Manager ( Administration ), Maurya Centre, Fraser Road, Patna

2. The State of Bihar

3. The Presiding officer, Labour Court, Bailey Road, Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr Rakesh Kr. Jha Mr. Pravin Kumar For Respondent No.1 :

Mr. Nilanjan Chatterjee For the State : Mr Rohitabh Das, AC to AAG 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 09-01-2018 Heard counsel for the appellant and counsel for the respondent company.

The Court is informed that the company is under insolvency proceeding and insolvency resolution professionals are handling the company. This is a significant development. Besides the above, we do not feel that any interference is warranted with the order of the learned Single Judge. The learned Single Judge has been more than indulgent towards the appellant in granting a lump sum compensation when the

Patna High Court LPA No.1418 of 2016(7) dt.09-01-2018 2/2 termination of service was not really a termination but is rescinding of the probation period on which the appellant was working at the relevant time.

Appeal has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) ( Nilu Agrawal, J) sk U