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2019 Supreme(Pat) 712

SHIVAJI PANDEY
Jagaran Prakashan Limited – Appellant
Versus
State Of Bihar through the Principal Secretary, Labour Resources Department, Niyojan Bhawan, Bailey Road, Patna-800001 – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr.Alok Kumar Sinha, Mr. Indrajeet Bhushan, Mr. Manish Kumar, Advocate
For the Respondent:Mr. Niraj Kumar Sinha, Mr. J.S. Arora, Mr. Manoj Kumar, Mr. Ravi Bhatia, Advocate

JUDGMENT :

1. Heard the counsel for the petitioners, counsel for the State and counsel for the private respondent.

2. In the present case, the petitioners, which engaged in the paper publication, incorporated under the Companies Act, has challenged the judgment and order dated 20.04.2018 (Annexure-1) passed by the Joint Labour Commissioner-cum-Competent Authority, Labour Resources Department (hereinafter mentioned as ‘the Authority’), whereby and whereunder the Authority has directed for payment of Rs.60,42,749/-arising from Majithia Wage Board Recommendation and vide Letter dated 20.04.2018 sent requisition to the District Magistrate-cum-District Recovery Officer to realize an amount of Rs.60,42,749/-as public demand under the Bihar & Orissa Public Recovery Act.

3. The present case is related to entitlement and enforcement of the Majithia Wage Board Award. Mr. Pankaj Kumar has been working as Sub-Editor at Gaya, later on, vide order dated 20.03.2017, has been transferred from Gaya to Jammu which is pending adjudication in Reference Case No.01 of 2017 before the Labour Court, Dalmia Nagar.

4. Before adverting to the present case, it is necessary to exposit the background of litigation,

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