This discharge order dismissed a writ petition seeking salary payment against BISCOMAUN, holding the writ court lacks jurisdiction based on prior Special Bench precedent.
Writ application dismissed; petitioner directed to pursue remedy before appropriate forum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19448 of 2019
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Ram Ishwar Prasad, Son of Late Gobind Ram, Resident of Village and PostParthu, P.S. Ekangar Sarai, District- Nalanda- 801301.
... ... Petitioner/s
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajnandan Kumar, Advocate For the State : Mr. Puspanjali Sharma, AC to SC-20 For the BISCOMAUN : Mr. Vikas Kumar, Advocate For the EPFO : Mr. (Dr.) B.B. Sinha, Advocate Mr. Ajay Dutt Mishra, Advocate Mr. Amarjeet Chaudhary, Advocate
====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
3 04-11-2019 When the matter was taken up on 25.10.2019, learned counsel for the BISCOMAUN had raised a preliminary objection over maintainability of this writ application against BISCOMAUN in the light of Special Bench decision of this Court in case of The Organizer, Dehri C.D. and C.M. Union Limited vs. The State of Bihar and Ors. reported in 2014(1) PLJR 695 .
Learned counsel appearing on behalf of the petitioner does not dispute the law laid down by the Special Bench in case
Patna High Court CWJC No.19448 of 2019(3) dt.04-11-2019 2/2
of The Organizer, Dehri C.D. and C.M. Union Limited (supra) wherein it has been held that BISCOMAUN is not amenable to writ jurisdiction. It also transpires that petitioner had earlier approached this Court seeking similar relief by filing CWJC No. 5141 of 2017 which was disposed of as withdrawn by order dated 19.03.2018. Petitioner’s claim relates to payment of salary for the period up to 12.01.2006 when, according to him, he had worked under BISCOMAUN.
The preliminary objection raised on behalf of BISCOMAUN is sustainable. This writ application cannot be entertained and is accordingly dismissed in the light of the law laid down in the aforesaid case. The petitioner shall be at liberty to pursue his remedy before the appropriate forum in accordance with law.
(Chakradhari Sharan Singh, J)
Rajesh/-
U
1 issue framed by the court
Whether the writ court can exercise jurisdiction over BISCOMAUN regarding the petitioner's claim for salary payment?
Colour shows how this judgement treated each authority
The Organizer, Dehri C.D. and C.M. Union Limited vs. The State of Bihar and Ors.Followed¶15
2014(1) PLJR 695
Ram Ishwar Prasad
The State of Bihar
Registrar Cooperative Society, Bihar
Managing Director, BISCOMAUN
Regional Provident Fund Commissioner
Employees Provident Organization
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
