Satyendra Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.704 of 2017 In Civil Writ Jurisdiction Case No.663 of 2015 ====================================================== Satendra Kumar S/o Shri Harihar Prasad R/o Mohalla - Gufapar Dhaneshwa Ghat, P.O. and P.S. Biharsharif, District - Nalanda. ... ... Appellant/s

Versus

1. The State of Bihar.

2. The District Collector-cum-District Magistrate, Nalanda, District - Nalanda.

3. The Additional Collector-cum-the Additional District Magistrate, Nalanda.

4. The Sub-Division Judicial Magistrate (SDJM), Biharsharif, Nalanda, District - Nalanda.

5. The Labour Enforcement Officer, Biharsharif, District - Nalanda.

6. The Secretary, Magadh Homeopathic Medical College and Hospital Biharsharif, Nalanda.

7. The Principal, Magadh Homeopathic Medical College and Hospital, Biharsharif, Nalanda.

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

For the Appellant/s :

Mr. Binit Kumar For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 28-06-2018 Heard counsel for the appellant and counsel for the respondent authorities. We have perused the order dated 18.03.2017 passed the learned single Judge in C.W.J.C. No. 663 of 2015.

The learned single Judge, besides the factual aspect, has rightly come to the conclusion that the case of the present appellant did not come under the ambit of the statutory provisions of the Minmum Wages Act, 1948. The findings are that the appellant was being paid much more than the minimum

Patna High Court LPA No.704 of 2017(11) dt.28-06-2018 2/2 wages. The nature of dispute which has been raised by him will not come within the framework of the statute. Therefore, the adjudicatory authority did not have the requisite jurisdiction to entertain such application and adjudicate the same. Appeal has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) ( Nilu Agrawal, J) Pawan/- U