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Patna High CourtCWJC/7398/2017disposed

Veterans Forum For Transparency In Public Life Through Its General Secretary v. Government Of Bihar Its Though The Chief Secretary And ANR

2017-10-11The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7398 of 2017 ====================================================== Veterans Forum For Transparency In Public Life Through Its General Secretary namely Wing Commander (Retd). Bishwanath Prasad Singh Son of late R.N. Singh R/o PNT Colony No. 2, Dahiyawan, Chapra, Bihar. ... ... Petitioner/s

Versus

1.

Government of Bihar Its Though The Chief Secretary , Govt. of Bihar, Patna. 2.

The Principal Secretary, Labour Resource Department, Government of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinu Kumar Mr. Arvind Kumar Sharma Miss Kumari Neha Mr. Vijay Kumar Vimal Miss Ritika Rani, Advocates For U.O.I.

:

Mrs. Nivedita Nirvikar Mr. Tarique Yazdani Miss Sanjana, Advocates For the State :

Mr. Ajay Kumar Rastogi-AAG10 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 11-10-2017 This writ petition has been filed in Public Interest Limitation and primarily it is the case of the petitioner that in the State of Bihar appropriate Committees have not been constituted for providing social security to the enormous sections of workers is the unorganised sector in accordance with the provisions of SubSection (1) of Section 6 of the Unorganized Workers Social Security Act, 2008. Seeking mandamus to the Chief Secretary, Government of Bihar for constitution of State Grievance Redressal

Patna High Court CWJC No.7398 of 2017 dt.11-10-2017 2/3 Committee and District Grievance Redressal Committee, the writ application has been filed.

Counter affidavits and documents have been filed both by the State of Bihar and the Union of India and from the supplementary counter affidavit filed by the State Government on 16.9.2017, it is seen that State Level Grievance Committee for monitoring the Rashtriya Swasth Bima Yojana has been constituted at the State level and for the purpose of granting benefit and redressal of grievance with regard to implementing the scheme to the needy falling under BPL category pertaining to MANREGA workers, Bidi Mazdoors, Domestic workers, Street Vendors, Rickshaw Pullers, Weavers and Artisans vide resolution No. 283 dated 5.3.2014, Annexure-G, the Labour Department has also constituted the appropriate Committee.

That apart, the Bihar State Labour Welfare Committee has been reconstituted and appropriate staff and manpower for managing the Committee has also been created. Taking note of the averments made in the supplementary counter affidavit filed by the respondents, now no further mandamus is required to be issued in the matter.

Patna High Court CWJC No.7398 of 2017 dt.11-10-2017 3/3 Grievance Redressal Committee or the Bihar Labour Welfare Board and we are hopeful that the Board or the Grievance Redressal Committee shall look into the specific grievance that may be pointed out by the petitioner in public interest. In spite of pointing out specific grievance with regard to the unrecognized workers, in case any further grievance is subsisting on account of inaction, liberty shall be available to the petitioner to point it out to this Court.

For the present, in view of the statements made by the State Government regarding constitution of various forum, we see that no further mandamus, order or direction can be granted. With liberty to the petitioner to take up the specific issue with the authorities concerned, we dispose of the matter. The writ petition stands disposed of.

(Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.10.2017 Transmission Date