Patna High Court
Asgar AliversusThe State Of Bihar and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- ANSHUMAN
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The writ petition is permitted to be withdrawn and is dismissed as withdrawn.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 The Court held that the writ petition could be withdrawn, dismissed it as withdrawn, and directed the executing court to expedite the execution proceedings.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- Whether a writ petition seeking implementation of a labour award may be withdrawn when execution proceedings are pending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
- Industrial Disputes Act, 1947 — s. 11(10), 11(9)
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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