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Patna High CourtCWJC/691/2019disposed

Ramakrishna Mission Sevashrama Through Its Secretary Swamy Bhawatmanand v. The State Of Bihar And ORS

2019-07-19Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.691 of 2019 ====================================================== Ramakrishna Mission Sevashrama Through Its Secretary Swamy Bhawatmanand son Swami Bhuteshanand, Rlo- Swami Vivekananda Path, Bela, Muzaffarpur, P.O.- Khabra, P.S.- Mithanpura, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principle Secretary, Department of Labour Resources, Government of Bihar, Patna.

2.

The Deputy Labour Commissioner cum Authority under Minimum Wages Act, Agricultural Workers Tirhut Division, Muzaffarpur. 3.

Surendra Singh son of Late Chandradeo Prasad Singh, resident of Mohalla Kanhauli, Rajput Tola, P.S.- Mithanpura, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Ranjan, Adv.

Mr. Atul Shankar, Adv.

For the Respondent/s :

Mr. Vipin Kumar Singh, AC to SC22 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-07-2019 Heard learned counsel for the parties.

In the present case, the petitioner is challenging the order dated 5.10.2018 passed by the Deputy Labour Commissioner cum Authority in M.W. Case No. 10 of 2017, whereby and whereunder, the delay has been condoned of more than six years in filing the application.

Learned counsel for the petitioner submits that there is delay of more than six years and the court below, by cryptic order, has condoned the delay.

At this stage, in view of the judgment passed in the case of D.P. Maheshwari Vs. Delhi Administration & Ors.

Patna High Court CWJC No.691 of 2019(3) dt.19-07-2019 2/2 reported in (1983) 4 SCC 293, this Court would not like to adjudicate this issue. If the final order goes against the petitioner, he will be at liberty to raise this point. With the aforementioned observation, this writ application is disposed of.

(Shivaji Pandey, J) rishi/- U