Patna High Court
Rameakbal Pathak @ Ramekbal ... vs The State Of Bihar on 3 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.66 of 2019
In
Civil Writ Jurisdiction Case No.7440 of 2010
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Rameakbal Pathak @ Ramekbal Pathak, Son of Late Kedar Nath Pathak,
resident of Village Niyajipur, P.S.- Simari, District- Buxar.
... ... Appellant/s
Versus
1. The State of Bihar Bihar.
2. The District Magistrate-cum-Collector, Buxar.
3. The Additional Collector, Buxar, District- Buxar.
4. The Sub-Divisional Officer, Dumraon, Buxar.
5. Labour Enforcement Officer-cum-Inspector, Minimum Wages, Simri, Buxar.
6. Shahabad Dugdh Utpadan Sahkari Sangh Ltd. through its Managing
Director Village- Katira, P.O. Katira, P.S.- Nawada (Ara), District- Bhojpur
(Ara).
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Prabhat Kumar Singh, Adv.
For the Respondent/s : Mr.Ajay Kumar Rastogi, Adv.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 03-02-2021
Heard the parties.
Being aggrieved by judgement and order dated
06.12.2018 passed in C.W.J.C. No. 7440 of 2010 passed by
learned Single Judge of this Hon'ble Court dismissing the writ
petition, appellant/petitioner has preferred this L.P.A.
Patna High Court L.P.A No.66 of 2019 dt.03-02-2021
Briefly stated, the facts of the case is that petitioner
was appointed by the Shahabad Dugdh Utapadan Sahkari Sangh
Ltd. to count the cattle heads and accordingly, petitioner
performed his job, but wages on prescribed rate for the period
from December 2001 to June 2002 amounting to Rs. 17,368.00/-
was not paid.
Petitioner thereafter filed an application before the
Labour Enforcement Officer, Simri for payment of the amount
of Rs. 17,368/-. An inquiry was conducted and Labour
Enforcement Officer found that wages of Rs. 17,368.00/- was
not paid, as such directed Samiti for payment of said amount but
no action was taken then Labour Enforcement Officer filed a
case under section 20(2) of Minimum Wages Act, 1948 before
the S.D.O., Dumraon, Buxar being Minimum Wages Case No.
21/06-07 and claim in form-7 was submitted on 20.03.2007.
Notice was issued to a Co-operative Samiti and
representative of Samiti appeared before the S.D.O., Dumraon
on 29.03.2007, however, they absented themselves in said
proceeding and again a notice was issued on 22.06.2007 but
they did not appear to contest the claim of respondent/appellant
and thereafter S.D.O., Dumraon on the basis of materials
available on record passed order dated 17.07.2007 in Minimum
Patna High Court L.P.A No.66 of 2019 dt.03-02-2021
Wages Case No. 21/06-07 and directed the Samiti to pay a sum
of Rs. 1,73,680/- to the Claimant.
Against the order passed by the S.D.O., Dumraon,
the respondent-Samiti filed appeal in the court of District
Magistrate, Buxar on 22.08.2007 being Appeal Case No. 92/07
and notices were issued to the Claimant and Collector on
01.02.2008 stayed the order dated 17.07.2007 passed by Sub-
Divisional Officer, Dumraon and thereafter by order dated
19.05.2009 transferred the appeal to the court of Additional
Collector, Buxar who passed the impugned order.
It was submitted on behalf of respondent-Samiti that
no notices were ever served upon them and proceeding was
conducted ex parte. It was further submitted that there is no
relation of employer and employee between claimant and
Samiti. Samiti had entrusted work to village Co-operative
Secretary, who had engaged the claimant, as such no case under
Minimum Wages Act, is maintainable.
Appellate authority, after hearing the parties, allowed
the appeal on the ground that there is neither any relation of
employer and employee nor there is any contract between the
parties and Samiti had not engaged the claimant for counting the
cattle heads rather he was engaged by Supervisor of Village Co-
Patna High Court L.P.A No.66 of 2019 dt.03-02-2021
operative Samiti. Appellate Court further held that Co-operative
Samiti was not granted any opportunity to present its case
before the S.D.O, the original authority, as such order suffers
from violation of principles of natural justice and allowed the
appeal filed by the Co-operative Samiti, against which claimant
filed writ petition which was dismissed by the writ court. The
learned Single Judge, while dismissing the writ petition has held
as follows:-
"16. From the reading of the said order, it
does not appear what ground was taken by the applicant
for not making the application within the prescribed period
or what weighed in the mind of the authorized officer on
the basis of which he though it proper to condone the
delay.
17. In that view of the matter, I set aside the
order dated 07.03.2007 passed by the Sub-Divisional
Officer, Dumraon, Buxar, in Minimum Wages Case No. 21
of 06-07. I am also of the opinion that the claim of the
petitioner would be heard afresh by the Sub Divisional
Officer on merit only if the Sub Divisional Officer is
satisfied that the applicant had sufficient cause for not
making the application within the prescribed period."
After hearing both the parties and considering the
materials available on record, this Court does not find any
infirmity or error in the order passed by learned Single Judge,
requiring any interference by this Court.
The LPA is, accordingly, dismissed. However,
Patna High Court L.P.A No.66 of 2019 dt.03-02-2021
S.D.O. Court shall decide the matter expeditiously, preferably
within six months from the date of production/receipt of a copy
of the order passed by this Court.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/-
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