Md. Shahid v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16920 of 2017 ====================================================== Md. Shahid, Son of Late Jahid, resident of Village- Chalka, Post OfficeRatanpur, Police Station- Muffassil, District- Bhojpur, Ara. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Main Secretariat, Patna.

2. The Principal Secretary, Human Resource Development Department, New Secretariat, Patna, Bihar.

3. The Vir Kunwar Singh University, Bhojpur, Ara through its ViceChancellor.

4. The Vice Chancellor, Vir Kunwar Singh University, Bhojpur, Ara.

5. The Registrar, Vir Kunwar Singh University, Bhojpur, Ara.

6. Sri Chitranjan Prasad Singh, Regional President, Association of Non Teaching Staff, son of Sriniwas Singh, Post- Aair, District- Bhojpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Mishra, Advocate Ms. Priya, Advocate For the Respondent/s : Mr. Sunil Kumar, AC to GA- 12 For the University : Mr. P. K. Verma, Sr. Advocate Mr. Rajesh Pd. Choudhary, Advocate For respondent no.6 : Mr. Sunil Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 18-12-2017 Ref.: I. A. No. 9217 of 2017 I. A. No. 9217 of 2017 has been filed for impleading the Labour Commissioner, Patna as party. The same is allowed. Inter alia contending that a resolution passed by respondent no.6 be not implemented, this application has been filed.

In the resolution (Annexure-1) dated 22.09.2017,

Patna High Court CWJC No.16920 of 2017 (3) dt.18-12-2017 2/2 various demands are made by the Union to the University. Merely because certain demands are made by the Association, the Public Interest Litigation cannot be entertained.

However, one ground raised in the petition is that in contravention to the provisions of law, the respondents propose to go on an indefinite strike from 02.11.2017 and therefore the proposed strike would adversely affect the functioning of the University in the State of Bihar, we declare it as illegal and respondent no.6 is restrained from going on strike. Respondent no.6, the Union, resorted to go on strike from 02.11.2017. That period is already over and was withdrawn on 05.11.2017 and, for the present, there is no proposal for going on strike. Keeping in view of the aforesaid, now no further indulgence into the matter is called for.

Accordingly, this application stands disposed of. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Uday/- U