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Patna High Court

Asgar AliversusThe State Of Bihar and Ors

Decided
Disposal
WITHDRAWN

Holding

The writ petition is permitted to be withdrawn and is dismissed as withdrawn.

Summary

The petitioner, Asgar Ali, filed a writ petition seeking implementation of a labour award dated 15 May 2007, which had been passed by the Presiding Officer of the Labour Court, Motihari, in Reference Case No. 3 of 2000. The award was later pursued through an execution case (No. 03 of 2022) before the Sub‑Judge‑I, Bettiah, and the respondent, the Managing Director of Bihar State Sugar Corporation, challenged that order in Civil Revision No. 93 of 2024, which the High Court dismissed, confirming the legality of the execution proceedings. The petitioner now moved to withdraw the writ petition, arguing that its continuation would impede the execution of the award. The State had no objection to the withdrawal. The Court held that the writ petition could be withdrawn, dismissed it as withdrawn, and directed the executing court to expedite the execution proceedings. Consequently, the related interlocutory application was also dismissed as infructuous.

Issues considered

  • Whether a writ petition seeking implementation of a labour award may be withdrawn when execution proceedings are pending
  • Whether the pendency of the writ petition would obstruct the execution of the award under the Industrial Disputes Act

Legislation cited

Subjects

  • writ petition
  • execution of award
  • industrial dispute
  • withdrawal of petition
  • Labour Court
  • Industrial Disputes Act
  • execution proceedings

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.13832 of 2014
                 ======================================================
                 Asgar Ali S/O Late Saudagar Ali Vill- Barnaiya Bisa, P.O. Balbari P.S.
                 Kuchaikot, Distt Gopalganj

                                                                         ... ... Petitioner/s
                                                  Versus
           1.    The State Of Bihar, Department of Labour Resources, Government of Bihar,
                 New Secretariat, Patna
           2.    The Managing Director, Bihar State Sugar Corporation, Udyog Bhawan,
                 Gandhi Maidan, Patna
           3.    The Manager of S.K.G. Consolidated, Distillery Division Lauriya, East
                 Champaran. Head Office at 21 A Sakespear Saraiya Kolkata- 700 017
           4.    The Collector, Bettiah, West-Champaran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Mritunjay Kumar, Advocate
                 For the Respondent/s   :     Mr. Smt.Binita Singh, GP31
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

8   09-04-2026                 Heard learned counsel appearing for petitioner and

                   learned counsel appearing for the State.

                               2. Learned counsel appearing for the petitioner

                   submits that after the demise of the earlier counsel, he has filed

                   a fresh vakalatnama in the present case on 16.12.2025. He

                   further submits that upon verification of the entire records, it has

                   transpired that the present writ petition has been filed for

                   implementation of the award dated 15th May, 2007 passed in

                   Reference Case No. 3 of 2000 (The Management of M/s

                   General      Manager,    S.K.G.     Consolidate      Ltd.,    Distillery

                   Department, Lauriya, West Champaran vs. Workman Asgar Ali)
Patna High Court CWJC No.13832 of 2014(8) dt.09-04-2026
                                           2/3




          by the Presiding Officer, Labour Court, Motihari.

                      3. It is further submitted that the petitioner has also

          approached various forums for implementation of the said

          award, which ultimately resulted in filing of Execution Case No.

          03 of 2022 before the Court of Sub Judge-I, Bettiah, West

          Champaran through the Labour Superintendent, Bettiah.

                      4. Learned counsel for the petitioner further submits

          that the Manager of Bihar State Sugar Corporation Limited had

          challenged the order passed by the learned Sub Judge-I, Bettiah

          in Execution Case No. 3 of 2022 before this Hon’ble Court in

          Civil Revision No. 93 of 2024 which was finally decided vide

          order dated 13.02.2025. The said Civil Revision was dismissed,

          and this Hon’ble Court was pleased to hold that the filing of

          Execution Case No. 03 of 2022 before the Sub Judge-I, Bettiah

          is in accordance with law.

                      5. It further appears that the award in question has

          been passed under the provisions of the Industrial Disputes Act,

          1947 whereas Sections 11(9) and 11(10) of the said Act provide

          the appropriate forum and procedure for execution of such

          award.

                      6. Under the aforesaid circumstances, petitioner seeks

          permission to withdraw the present writ petition.
            Patna High Court CWJC No.13832 of 2014(8) dt.09-04-2026
                                                       3/3




                                  7. From the submissions advanced, it transpires that

                      the learned counsel for the petitioner has rightly sought for the

                      prayer for withdrawal of the present writ petition, as its

                      pendency may create hurdle in the execution of the award.

                                  8. Learned counsel for the State has no objection to

                      the same.

                                  9. In view of the aforesaid, the present writ petition is

                      permitted to be withdrawn. The petitioner shall be at liberty to

                      bring on record the developments relating to the present writ

                      petition before the executing court, and the executing court is

                      directed to expedite the execution proceedings at the earliest.

                                  10. Accordingly, the present writ petition stands

                      dismissed as withdrawn.

                                  11. Consequently, Interlocutory Application No. 01 of

                      2017 also stands dismissed as having become infructuous.



                                                 (Dr. Anshuman, J)
Ashwini/-

U


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