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Patna High CourtCWJC/15251/2024disposed

Abhishek Kumar Tiwari v. The State Of Bihar

2024-10-08Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15251 of 2024 ====================================================== Abhishek Kumar Tiwari Son of Kamleshwar Tiwari, Resident of VillageBansibatrahan, Police Station- Phulwariya, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary Water Resources Department, Government of Bihar, Patna.

2.

The Collector / District Magistrate, Gopalganj. District- Gopalganj. 3.

The Executive Engineer, Saran Canal Division, Gandak Project, Gopalganj, District- Gopalganj.

4.

Executive Engineer, Saran Canal Division Gandak Project, Siwan, Police Station- Siwan, District- Siwan.

5.

Executive Engineer, Saran Canal Division, Gandak Project, Bhore, Police Station- Bhore, District- Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Singh, Adv.

For the Respondent/s :

Mr. Government Pleader 17 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-10-2024 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. Learned Counsel for the petitioner submits that the present writ petition has been filed for directing the respondent authority to regularize the services of the petitioner on his working post as gate-keeper in Saran Canal Division, Gandak Project, Gopalganj and make payment regularly. Counsel further submits that the department has making less payment to the petitioner under the Minimum Wages Act, 1948.

3. Learned Counsel for the State on the other hand

Patna High Court CWJC No.15251 of 2024(2) dt.08-10-2024 2/2 submits that petitioner is working as daily wager and if he is claiming that he is receiving amount less than the minimum wages, then he has remedy under the Payment of Wages Act, 1936 before the competent Labour Court.

4. As such, the present writ petition stands disposed off directing the petitioner to avail the remedy under the Payment of Wages Act, 1936 before the competent Labour Court for his grievance.

(Dr. Anshuman, J) Divyansh/- U