Dismissed

Sajan Ram v. the State of Bihar and Anr.

Patna HC24 Jun 2013CWJC/5418/2012

Case brief

AI extract

What is this about?

Single judge allowed amendment to challenge a dismissal order. The writ application was subsequently dismissed as withdrawn, granting the petitioner liberty to approach the statutory appellate authority to challenge the contested order subject to condonation of delay considerations.

What did the court decide?

Writ application dismissed as withdrawn with liberty to approach the statutory appellate authority; interim I.A. No.3454 of 2013 disposed of.

Sajan Ram Vs the State of Bihar and Anr. — Pension and Retirement Benefits | Patna HC (2013)

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Patna High Court CWJC No.5418 of 2012 (5) dt.24-06-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.5418 of 2012

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====================================================== Sajan Ram, son of late Furti Ram, resident of Mokhalla-Malia Mahadeva Jalla, P.S.Gulzarbag, District- Patna. .... .... Petitioner/s Versus 1. The State Of Bihar through the Principal Secretary, Labour Department, Government of Bihar, Patna. 2. Deputy General Manager, Bharat Wagon and Engineering Company Limited, Block ‘C’ Maurya Lok Complex, Dak Bungalow Road, Patna. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Gajanan Arun Mr. Vijay Kumar Singh For respondent No.2: Mr. Udayan Choudhary For the State : Mr.A.C. to G.P.10 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER

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5 24-06-2013 Heard learned counsel for the petitioner and learned counsels for the State and for the respondent Bharat Wagon and Engineering Company Ltd.

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The petitioner has filed I.A. No.3454 of 2013 with a prayer to amend the relief claimed in the writ petition so as to challenge only the order of dismissal dated 6.12.2012 passed in Misc. ( R ) Case for restoration of original M.W. Case No.1 of 1999 which was dismissed on 31.7.2007 due to non-appearance of the petitioner or his counsel.

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The prayer for amendment is allowed. I.A. No.3454 of 2013 is, accordingly, disposed of.

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Admittedly, any order passed by the authority under the

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Patna High Court CWJC No.5418 of 2012 (5) dt.24-06-2013

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Minimum Wages Act is appealable in terms of Section 20 (6) of the said Act by virtue of amendment made by the Bihar Act 5 of 1983 to the Central Act.

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Faced with the aforesaid situation, learned counsel for the petitioner seeks permission to withdraw the writ application with liberty to approach the statutory appellate authority for challenging the order dated 6.12.2012.

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The writ application is, accordingly, dismissed as withdrawn with the aforesaid liberty. In case any such appeal is filed before the appellate authority along with an application for condonation of delay in filing the appeal, the same shall be considered by the appellate authority keeping in view the fact that the petitioner has been pursuing his remedy before this Court.

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V.P.Sinha/-

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(Ramesh Kumar Datta, J)

Sajan Ram v. the State of Bihar and Anr.

Case brief

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Sajan Ram v. the State of Bihar and Anr.

Case brief

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