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P. B. BAJANTHRI, ARUN KUMAR JHA
Bijay Kumar Singh Son of Sri Mohan Singh – Appellant
Versus
The State Of Bihar – Respondent
JUDGMENT :
P. B. Bajanthri, J.
Pursuant to the earlier order Mr.Pankaj Kumar, Joint Secretary, Labour Resource Department, Government of Bihar, Patna is present in the court.
2. Heard the learned counsels for the parties.
3. In the instant Letters Patent Appeal, appellant has assailed the order of the learned Single Judge dated 31.07.2018 passed in CWJC No. 16556 of 2017. Appellant-Bijay Kumar Singh was holder of the post of Chairman, State Employment Committee, Bihar, Patna with effect from 09.04.2002 for three years and it was further extended for five years as on 28.08.2004. He was further appointed as a Chairman, Monitoring Committee, Manisana Wage Board, Bihar, Patna (in short ‘MCMWB’). Dates and Events of the lis are as under:-
| 09.04.2002 | Notification no. 148 dated 09.04.2002 issued by the State of Bihar whereby petitioner was appointed as Chairman State Employment Committee for a period of three years. |
| 28.08.2004 | Tenure of the State Employment Committee was extended for a period of 5 Years. |
| 30.12.2005 | Extra ordinary issue of Bihar Gazette dated 3 |
Section 17(2) Labour Court can determine incidental questions of category, cadre and nature of work while computing benefits due under notified wage board recommendations.
The Act 1955 constitutes a single scheme for the recovery of money due from an employer to an employee, and the notification specifying the officers competent to dispose of applications under Section....
The main legal point established in the judgment is the lack of power of delegation conferred on the State Government under Section 17(2) of the Act of 1955, rendering the References made by the Assi....
The State Government's liability for salary payments to college staff as per Section 60-E of the U.P. State Universities Act, 1973, and the inability of government orders to override statutory rules.
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