Popular Nursing Home v. The State of Bihar

Mahabir Ojha S/O Sri Shankar Dayal Ojha C/O Sri Bishram Singh, N/19 Professor Colony, Chitra Gupta Nagar, Patna 20. .... .... Respondents-Respondents ====================================================== Appearance: For the Appellant/s : Mr. Vijoy Nandan Sahay Mr. Arun Shrivastava Mr. Manish Kumar, Advocates. For the Respondent/s : ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 5 18-01-2012 Feeling aggrieved by the common judgment and order dated 2nd May 2011 passed by the learned single Judge insofar as CWJC No. 7896 of 2006 has been disposed of with a direction to the court below to delete the name of the deceased trustee from the array of parties in B.S.E. Case No. 36 of 1995 and to add the succeeding trustee as party, the writ petitioner, the Trust has preferred this Appeal under Clause 10 of the Letters Patent. Learned Advocate Mr. V.N.Sahay has appeared for the appellant. He has submitted that one of the trustees of the appellant has died years ago. Nevertheless the employee did not file application before the Labour Court to delete the name of the 2 Patna High Court LPA No.1168 of 2011 (5) dt.18-01-2012 deceased trustee or to implead the successor in office for nearly ten years after the death of the trustee. He has submitted that the provisions contained in the Code of Civil Procedure do not apply except the ones which are specifically made applicable under Section 28 of the Bihar Shops and Establishment Act, 1953. The learned single Judge, therefore, could not have made the impugned order. We see no merit in this Appeal. The learned single Judge has rightly directed to substitute the deceased trustee by his successor in office. No case for interference is made out. Appeal is dismissed in limine. (R.M. Doshit, CJ) (Birendra Prasad Verma, J) Sujit/-