✦ Patna High Court

Dharmendra Kumar v. The State of Bihar

CIVIL WRIT JURISDICTION CASE No. 5388 of 2020SANJEEV PRAKASH2 min read

Case at a glance

Outcome

Dismissed

Section 10 of the Act of 1947, the writ petition is dismissed as

Provisions considered

Key paragraphs

  • Para 88. Patna High Court CWJC No.5388 of 2020(2) dt.29-11-2022 Mr. Umesh Kumar Mishra, Adv. Mr. Umesh Narayan Dubey, AC to GP-27 Appearance : (In Civil Writ Jurisdiction Case No. 5388 of 2020) : For the Petitioner/s For the Respondent/s : (In Civil Writ Jurisdiction Case…

Judgment

====================================================== Civil Writ Jurisdiction Case No. 5399 of 2020 ====================================================== Manoj Yadav Son of Sri Lalan Yadav, Resident of Resident of House No. 79, Harkeshpur, Bangra Police Station- Maharajganj, District- Siwan. At present working as a Night Guard in Uma Shankar Prasad High School-cum-Inter College, Maharajganj, District- Siwan Versus ... ... Petitioner/s The State of Bihar The Additional Chief Secretary -cum- the Principal Secretary, Education Department, Govt. of Bihar, Patna The Deputy Secretary, Education Department, Govt. of Bihar, Patna The Director, Primary Education, Bihar, Patna The District Magistrate, Siwan The District Education Officer, Siwan The District Programme Officer (Establishment), Siwan The Headmaster Uma Shankar Prasad High School-cum-Inter College, Maharajganj, District- Siwan ====================================================== ... ... Respondent/s

Operative part

8.

Patna High Court CWJC No.5388 of 2020(2) dt.29-11-2022 Mr. Umesh Kumar Mishra, Adv. Mr. Umesh Narayan Dubey, AC to GP-27 Appearance : (In Civil Writ Jurisdiction Case No. 5388 of 2020) : For the Petitioner/s For the Respondent/s : (In Civil Writ Jurisdiction Case No. 5399 of 2020) : For the Petitioner/s For the Respondent/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA Mr.Umesh Kumar Mishra, Adv. Mr. Madanjeet Kumar (Gp20) 2 29-11-2022 The petitioner states that he was appointed as a night ORAL ORDER guard and he has been discontinued by the oral order of the concerned Headmaster. In the writ petition he prays that he should be allowed to continue. Admittedly, the post is not in-cadre post in the service rules and if the petitioner has worked as a night guard, at best he can get his grievances redressed by filing of a dispute under the Industrial Disputes Act, 1947. Granting him liberty to raise a dispute in terms of Section 10 of the Act of 1947, the writ petition is dismissed as not maintainable. (Sanjeev Prakash Sharma, J) amit/- Item no.52+54 U

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Section 10 of the Act of 1947, the writ petition is dismissed as

Which statutory provisions did this judgment involve?

Industrial Disputes Act, 1947.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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