Court disposed of a writ petition concerning deduction of labour cess. It granted liberty to the petitioner to move the Arbitration Tribunal for dispute resolution.
The petitioner is at liberty to move the Arbitration Tribunal constituted under the Bihar Act 21, 2008.
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Patna High Court CWJC No.5628 of 2012 (3) dt.12-12-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5628 of 2012
====================================================== 1. Ishwar @ Co. Contract Pvt. Ltd. Through Its Director, Nand Kumar Ishwar S/O Late Ramnarayan Ishwar Resident Of Village Salempur, P.O. Naipur, P.S. Bachhabara, District Begusarai. .... .... Petitioner/s Versus 1. The State Of Bihar Through Principal Secretary, Water Resources Dept., Bihar, Patna. 2. The Engineer In Chief, Water Resourced Dept. Bihar, Patna. 3. The Chief Engineer, Water Resources Deptt. Begusarai. 4. The Superintendent Engineer, Flood Control Division, No. 2, Khagaria. 5. The Executive Engineer, Flood Control Division No. 2, Khagaria. 6. The Junior Engineer Flood Control Division, No. 2, Khagaria. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Satish Kumar Sinha For the Respondent/s : Mr. J.S. Arora Sc6 ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER 3 12-12-2013 From the relief sought for in paragraph 1 of this writ application it appears that the petitioner is aggrieved by the deduction from its bills on account of labour cess. Learned counsel for the petitioner submits that no clause is in the agreement to support said deduction. However, the stand of the respondent is that the deduction is legal and valid and as per the government circulars. Since a dispute arises with regard to payment of amount of bills, petitioner is at liberty to move the Arbitration Tribunal, constituted under the Bihar Act 21, 2008, which shall consider the claim of the petitioner in accordance with law and shall decide the
Patna High Court CWJC No.5628 of 2012 (3) dt.12-12-2013
same at the earliest.
This writ application is disposed of with the aforesaid
liberty to the petitioner.
(Jayanandan Singh, J)
Arvind/-
1 issue framed by the court
Whether to grant liberty to the petitioner regarding a dispute on labour cess deduction.
Ishwar @ Co. Contract Pvt. Ltd. Through Its Director Nand Kumar Ishwar
The State Of Bihar Through Principal Secretary Water Resources Dept
Jayanandan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
