Sagar Khandelwal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8707 of 2018 ====================================================== Sagar Khandelwal Son of Brij Mohan Khandelwal R/o Village P.O. - Sugauli Bazar, Ward No. 8, P.S. - Sugauli, District - East Champaran Motihari. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Labour Commissioner, Labour Department, Strand Road, Patna, Bihar. 3.

Hindustan Petroleum Corporation Ltd., Lok Nayak Bhawan, 3rd Floor, Dakbunglow, Patna.

4.

Chief Administrative Officer, HPCH Bio Fuels Ltd., House No. 271, Road No. - 3E, New Patliputra Col 5.

Chief Operating Officer, HPCH Bio Fuels Ltd., House No. 271, Road No. - 3E, New Patliputra Colony, 6.

HRD Head, HPCH Bio Fuels Ltd., House No. 271, Road No. - 3E, New Patliputra Colony, District - Pat 7.

The Labour Superintendent, Agarwa Gali No. 1, P.S. - Sadar, District - East Champaran Motihari.

8.

The General Manager, HPCH Bio Fuels Ltd., Sugauli Sugar Mill, Sugauli, District East Champaran Moti ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Adv.

For the Respondent/s :

Mr.Abbas Haider- SC6 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-09-2024 Heard Learned Counsel for the petitioner, Learned Counsel for the State and Learned Counsel for the Hindustan Petroleum Corporation Ltd.

2. Learned Counsel for the petitioner submits that the present writ petition has been filed for directing the respondents not to accept the resignation of the petitioner which was obtained under coercion from him on 03.01.2017 by Respondent

Patna High Court CWJC No.8707 of 2018(3) dt.24-09-2024 2/2 No.7 and further to allow the petitioner to work as Clerk (Seasonal Employee) for which appointment letter was issued to him on 31.12.2013 as per the terms and conditions laid down in the said appointment letter issued by the Chief Operating Officer, Sugauli, Sugar Mill.

3. Learned Counsel for the HPCL submits that the appointment of petitioner was made on the post of Clerk on temporary basis which is apparent from his appointment letter which has not been denied by the petitioner. He further submits that the petitioner's services has been guided under Industrial Dispute.

4. In this view of the matter, the present writ petition is hereby disposed off granting liberty to the petitioner to approach before the Labour Courts/ Industrial Tribunal under the provisions of Industrial Disputes Act, 1947 within 30 days from today

5. With the aforesaid direction, the present writ application stands disposed off.

(Dr. Anshuman, J.) Prakashmani/- U