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2009 Supreme(Pat) 549

RAMESH KUMAR DATTA
Times Publishing House Ltd. – Appellant
Versus
State Of Bihar Through Dy. Labour Commissioner – Respondent


JUDGEMENT

1. Heard learned counsel for the petitioner, learned counsel for respondent no. 2 and learned counsel for the State.

2. The petitioner seeks quashing of the orders dated 8.12.2006 and 21.12.06/14.5.07 passed by the Deputy Labour Commissioner, Patna in B.S.E. Case No. 3 of 2005 by which he did not decide the preliminary issue regarding his lack of jurisdiction to entertain an application under the Bihar Shops and Establishments Act with regard to persons who are covered under the Working Journalists (Conditions of Service and Miscellaneous Provisions) Act, 1955.

3. The brief facts of this case are that the petitioner is a publishing house. Under the provisions of the aforesaid Working Journaiists Act a Wage Board known as the Manisana Wage Board was constituted by the Central Government and its recommendations were subsequently accepted and duly published and notified by the Central Government on 5.12.2000. The employees of the petitioners-company through the office bearer of the Times of India Newspaper Employees Union filed an application under Section 28 of the Bihar Shops and Establishments Act before the Deputy Labour Commissioner, Patna stating that their wages as per




















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