Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. Bajanthri, Arun Kumar Jha, JJ.
Bijay Kumar Singh Son of Sri Mohan Singh - Appellant
Vs.
The State Of Bihar - Respondent
Letters Patent Appeal No.1111 of 2018
In
Civil Writ Jurisdiction Case No.16556 of 2017
Decided On : 03-01-2023
Working Journalists And Other Newspaper Employees (Conditions Of Service) and Miscellaneous Provisions Act, 1955 – Sections 9, 12 and 13-C – Remuneration – There is no method of appointment to post of Chairman, MCMWB – State Government invoked its powers at whims and fancies – Appellant is seeking a writ of mandamus for issuance of direction to respondents to pay remuneration – Appellant has no statutory or vested right in respect of incomplete proceedings of State Government in assigning remuneration to post of Chairman, MCMWB – Unless and until, appellant establishes that he has a legal or statutory right under a particular provision of law, he has no vested right to seek a writ of mandamus for payment of certain remuneration or consolidated pay – High Court can issue a writ of Mandamus only when there exists a legal right in writ petition and corresponding legal obligation in the State – Arbitrarily exercising power and appointing a particular person without resorting to Articles 14 and 16 of Constitution is wholly illegal – Act of 1955 do not empower State Government to constitute any Board to monitor wage of journalists or non-journalists – Each and every action of respondents are in violation of most of constitutional provisions – It is a case for imposition of exemplary cost on the State for having wasted appellant's time and valuable time of this Court in Writ and LPA – Cost is quantified at Rs. Ten Lakhs – Letters Patent Appeal dismissed. (Paras 5, 7, 9, 12, 17, 19, 21, and 25)
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 30.12.2005 was published regarding constitution of Monitoring Committee, Manisana Wage Board. |
| 03.07.2015 | C.W.J.C. No. 16352/14 filed by the petitioner for payment of pay and allowances for the post of Chairman, State Employment Committee was allowed on 03.07.2017 where by this Hon'ble Court held that the petitioner is entitled for the pay scale and other allowances admissible to the Chief Secretary of the State and directed to ensure the remuneration payable to the petitioner is terms of clause - 7 of the resolution dated 12.02.1985.During pendency of the above CWJC No. 16325/2014, respondents passed Resolution on 13.08.2014 for fixation of consolidated salary of Rs. 4500/- per month. |
| 10.05.2016 | L.P.A. No. 187 of 2016 filed by the State of Bihar against the order dated 03.07.2015 passed in C.W.J.C. No. 16352/14 was dismissed on 16.05.2016. |
| 27.07.2016 | M.J.C. No. 21 of 2016 filled by the petitioners for non compliance of the order passed in C.W.J.C. No. 16352 of 2014 was disposed of as the order complied with. |
| 01.08.2016 | S.L.P.(C) No. 20151 of 2016 filed by the State of Bihar against the order dated 10.05.2016 passed in L.P.A. No. 187 of 2016, was dismissed on 01.08.2016. |
| 31.03.2017 | Representation filed by the petitioner for payment of salary to the post of Chairman, Monitoring Committee, Manisana Wage Board, Bihar, Patna. |
| 13.11.2017 | C.W.J.C. No. 16556 of 2017 was filed by the petitioner/Appellant for directions commanding the respondents to make payment of salary and allowances for the period 09.04.2007 to 31.03.2017 of the post of Chairman, Monitoring Committee, Manisana Wage Board, Bihar, Patna and further for any other relief/reliefs for which the petitioner may be found entitled to. |
| 31.07.2018 | C.W.J.C. No.16556 of 2017 was dismissed. |
| 06.06.2018 | LPA No. 1111 of 2018 ( In CWJC No. 16556 of 2017) is filed. |
4. The appellant was appointed on 28.08.2004 to the post of Chairman, MCMWB, however, he has not been assigned any duties as contended by the learned counsel for the respondents.
5. Both the learned counsels for the respective parties could not apprise this Court as to how the post of Chairman, MCMWB is created by means of any statute or law. If any public post is created in the State, it must be supported by Constitutional provision like Article 309 of Constitution or Articles 162/166 of Constitution or any Act, Rule or Regulation. Further, considering that the present post is relating to Chairman, MCMWB, in that event Board must have been constituted under a particular Act. Both the respective parties could not apprise this Court how board was created under a particular Act and further what are powers and funct
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
