Sri Suresh Ram And Anr vs The State Of Bihar And Ors
2021 Latest Caselaw 481 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Letters Patent Appeal No.1465 of 2018
                                         In
                   Civil Writ Jurisdiction Case No.18545 of 2016
     ======================================================

1. Sri Suresh Ram son of Sri Janak Ram

2. Smt Sarswati Devi wife of Sri Suresh Ram Both resident of mohalla Dahiyawa (within the compound of Ram Jaipal College, Chapra), P.S. Nagar Thana, District Saran Chapra.

...Petitioner ... Appellant/s Versus

1. The State Of Bihar through the Principal Secretary, Labour Resource Department, Government of Bihar, Patna

2. The Presiding Officer, Labour Court, Chapra.

3. The Vice Chancellor, J.P. University, Chapra.

4. The Registrar, J.P. University, Chapra.

5. The Deputy Labour Commissioner, Chapra.

6. The Principal, Ram Jaipal College, Chapra.

... Respondents ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr.Mohammed Abu Haidar For the Respondent/s : Mr.Chitranjan Sinha -Paag2 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)

Date : 29-01-2021 Heard the parties.

Aggrieved by judgment and order dated 06.09.2018

passed in C.W.J.C. No.18545 of 2016 passed by a learned

Single Judge of this Hon'ble Court dismissing the writ petition,

appellants/petitioners have preferred this LPA.

Appellants / petitioners had filed writ petition for

quashing the Award dated 1.7.2016 passed by Presiding Officer, Patna High Court L.P.A No.1465 of 2018 dt.29-01-2021

Labour Court, Chapra in Reference Case No.2 of 2010

whereby, he has decided the reference against the

appellants/petitioners.

Briefly stated the facts of the case is that appellants/

petitioners claimed to have been appointed as daily wager on

verbal order of Principal of the college and same was approved

in the development committee meeting dated 20.11.2007 and

they were paid remuneration of Rs.200/- per month which was

subsequently enhanced to Rs.300/-. Petitioners worked for

more than 240 days in a year, as such, they requested the

Principal to regularize their services, however, since April,

2009, payment of wages were stopped and they were removed

from service.

Appellants/petitioners filed an application for

regularization of their services before the Deputy Labour

Commissioner, Saran Division, Chapra but in spite of repeated

opportunity, Principal of the College did not submit his reply, he

referred the dispute to State Government and State Government

in exercise of power conferred by Clause (C) of sub-Section(1)

of Section 10 of the Industrial Disputes Act, 1947 referred the

dispute to the Labour Court, Saran at Chapra. The term of

reference was as under:-

"Whether denial to regularization of service Patna High Court L.P.A No.1465 of 2018 dt.29-01-2021

of Smt. Sarswati Devi and Suresh Ram is justified? If not

what relief they are entitled to?"

Altogether, 13 witnesses were examined on behalf of

appellants/petitioners, however, no documents were produced

by the appellants/petitioners in support of their claim of

continuous working of 240 days in one year.

Labour Court has also observed that none of the

witnesses have supported the claim of petitioners and have

denied the working of petitioners in said college.

Appellants/petitioners themselves have denied of having

marked their attendance in said college. Labour Court has

observed that appellants/petitioners have not brought any

documentary evidence in respect of their appointment, payment,

renewal order, register attendance in support of their claim. No

master roll was brought as evidence or even called for evidence

from said college.

No documentary evidence with regard to continuous

service of 240 days during one calendar year has been brought

by appellants/petitioners. It is essential for the workmen to

establish that they were in continuous service of their employer

for 240 days. Labour Court has concluded that on appreciation

of evidence on record workmen have miserably failed to

establish their case and accordingly answered the reference in Patna High Court L.P.A No.1465 of 2018 dt.29-01-2021

negative.

Learned Single Judge after meticulously examining

the Award passed by the Labour Court did not find Award to

suffer from an error of jurisdiction or breach of principles of

natural justice or vitiated by error of law and dismissed the writ

petition.

This Court does not find any error or infirmity in the

order passed by the learned Single Judge requiring any

interference by this Court, accordingly, the LPA is dismissed.

(Sanjay Karol, CJ)

( S. Kumar, J)

Sanjay/-

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Uploading Date          09.02.2021
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