Patna High Court
Ram Briksh Sahu vs The State Of Bihar on 8 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14643 of 2022
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Ram Briksh Sahu Son of Late Gena Sahu, Presently residing at Budha
Colony, South Mandiri, Budha Colony, District - Patna. Permanent resident of
Village - Humayupur, P.O. and P.S. Benapatti, District - Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through Labour Commissioner, New Secretariat, Patna.
2. The Deputy Labour Commissioner, Niyojan Bhawan, Bailey Road, Patna.
3. The Presiding Officer, Labour Court, Niyojan Bhawan, Bailey Road, Patna.
4. M/s Sonodyne Television Company Ltd. through its Director and having its
registered Office at 138, Block - G, New Alipur, (49-Humayu Kabir Sarini),
Kolkata - 700053.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate
For the Respondent/s : Smt. Anuradha Singh (Sc21)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 08-02-2023
Heard learned counsel for the respective parties.
In the instant petition, petitioner has prayed for the fol-
lowing reliefs:-
"(i) For a direction to the respon-
dent authorities to comply the order dated
27.10.2016 passed by the learned Presiding
Officer, Labour Court, Patna in Reference
Case No. 02 of 2014/49 of 200 along with pe-
nal interest.
(ii) For any other relief/reliefs if pe-
titioner found entitle in the facts and circum-
stances of the present case."
Perusal of the counter affidavit along with Annexure-A
series it is evident that employer has already proposed to settle
claim of the petitioner while drawing bank draft for a sum of Rs.
Patna High Court CWJC No.14643 of 2022 dt.08-02-2023
20,917/- dated 16.01.2017 bearing no. 963812. Similarly, one
more bank draft for a sum of Rs. 23,183/- dated 16.01.2017 bear-
ing no. 963811 in favour of the petitioner. Both the drafts were
stated to have been sent to the petitioner by speed post on
09.02.2017. However, there is a dispute relating to receipt of
aforementioned bank draft by the petitioner. Therefore, in order to
give quietus to the litigation employer respondent has brought two
new bank drafts details of the drafts are as under:-
Sl. No. Detail of the Draft
1. PNB Draft No. 456872 dated 10.01.2023
for a sum of Rs. 23,183/-
2. PNB Draft No. 456871 dated 10.01.2023
for a sum of Rs. 20,917/-
These two drafts were handed over to the learned coun-
sel for the petitioner, Mr. Bipin Kumar in the presence of respon-
dent counsel. For cancellation or deemed cancellation of earlier
drafts dated 16.01.2017 for a sum of Rs. 20,917/- and Rs. 23,183/-
bearing nos. 963812 and 963811 dated 16.01.2017 employer-re-
spondent is permitted to take necessary steps if he wants in the
form of making communication to the concerned bank for cancel-
lation of earlier drafts if it is required.
At this stage, learned counsel for the petitioner disputed
payment of two drafts today with reference to Annexure-1 to the
Patna High Court CWJC No.14643 of 2022 dt.08-02-2023
extent that management have agreed in the litigation to pay
Rs.52960/-. The respondent employer counsel undertakes to settle
the remaining balance amount of Rs. 8,800/- by means of Bank
draft within a period of four weeks' from today with petitioner.
Accordingly, the present petition stands disposed off. In
the event of non-payment of balance amount of Rs. 8,800/- to the
petitioner the petitioner is at liberty to file application for recalling
of this order.
(P. B. Bajanthri, J)
Vikash/-
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