The Court held that a writ petition is not maintainable if it involves a disputed question of facts under the Industrial Disputes Act, 1947, as the dispute must be decided on merit by the labour court.
Liberty granted to raise the dispute; writ petition dismissed as not maintainable.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 14865 of 2015
======================================================
Ram Prasad Das
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar Singh, Advocate For the Respondent/s : Mr.Indeshwari Pd., AC to GA 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
2 21-02-2023
The dismissal of the present petition would not in any
manner take away the rights of the petitioner, if a dispute is raised, the same shall be decided on merit expeditiously by the concerned labour court.
(Sanjeev Prakash Sharma, J)
Chn/Item No.58
U
1 issue framed by the court
Whether the writ petition is maintainable when a disputed question of facts exists under the Industrial Disputes Act, 1947.
1 provisions across 1 enactments
Ram Prasad Das
The State Of Bihar
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
