Patna High Court

Shyam PanditversusThe State of Bihar

Decided: 19 January 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The writ petition is disposed, granting the petitioners liberty to avail their remedy before the appropriate Labour Court.

Summary

Eleven petitioners, residents of various villages in Madhepura district, filed a writ petition against the State of Bihar and several administrative officials seeking regularisation of their employment. They requested permission to approach the appropriate Labour Court under the Industrial Disputes Act, 1947 for relief. The State argued that regularisation could not be granted. After hearing both sides, the Court disposed of the writ petition, granting the petitioners liberty to pursue their remedy before the Labour Court. No substantive order on regularisation itself was made; the petition was simply closed to allow the alternative remedy.

Issues considered

Whether the petitioners may be permitted to approach the Labour Court under the Industrial Disputes Act, 1947 for regularisation of their employment.
Whether the writ petition should be dismissed or disposed of with liberty to seek relief in the Labour Court.

Legislation cited

Industrial Disputes Act, 1947

Subjects

regularisation
Industrial Disputes Act
Labour Court
writ petition
Civil Writ Jurisdiction
State of Bihar
employment

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1496 of 2022
     ======================================================
1.    Shyam Pandit S/o Bhogi Pandit, R/o Gauripur, Ward No. 12, Kumhar Tola,
      P.S. - Singheshwar, Panchayat - Patori, District - Madhepura. (Singheshwar
      Anchal).
2.   Md. Rafique uddin, S/o Md. Sahadat, R/o Nurani Masjid Ward No. 5, Nagar
     Parishad - Madhepura, P.S. and District - Madhepura (Madhepura Sadar
     Anchal)
3.   Mohammad Samsul Haq, S/o Mohammad Hamid, R/o Naulakhiya, Ward
     No. 1, P.S. and District - Madhepura (Singheshwar Prakhand).
4.   Kumar Prashant Singh, S/o Umesh Prasad Singh, R/o Babhani, Ward No.
     12, Bhelwa, P.S. - Gamhariya, District - Madhepura, (Gamhariya Anchal).
5.   Md. Sonazir @ Md. Sonajir, S/o Md. Azim, R/o Bhelwa, Ward No. -1,
     Singheshwarsthan, P.S. - Singheshwar, District - Madhepura. (Madhepura
     Sadar Prakhand).
6.   Sanjay Paswan, S/o Domi Paswan, R/o Dighi, Ward No. -7, P.S. - Murliganj,
     District - Madhepura (Murliganj Prakhand).
7.   Hareram Pandit, S/o Upendra Pandit, R/o Muraliganj, Ward No. -5, P.S. -
     Murliganj, District - Madhepura. (Murliganj Anchal)
8.   Ashok Kumar Chourasiya, R/o Chousa Paschmi, Near Durga Mandir, Ward
     No. -4, P.S. - Chausa, District - Madhepura (Chausa Anchal).
9.   Mohammad Faruk, R/o Sekh Salid, Gram Phanhan, R. Barateni, P.S. -
     Kishunganj, District -Madhepura. (Udakishunganj Anchal)
10. Mukesh Yadav, S/o Amir Yadav, R/o Simraha, Near Shiv Mandir, P.S. and
    District - Madhepura. (Presently Gamhariya Prakhand)
11. Ravi Kumar, S/o Sunil Kumar Ray, R/o Madhepura, Ward No. - 18, P.S. and
    District - Madhepura (Kumarkhand Anchal).
                                                         ... ... Petitioner/s
                                    Versus

1.   The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2.   The Principal Secretary, General Administration Department, Government
     of Bihar, Patna.
3.   The Labour Resources Department, Government of Bihar, Patna.
4.   The Department of Revenue Board, Government of Bihar, Patna.
5.   The District Magistrate, Madhepura.
6.   The Circle Officer, Madhepura Sadar, District - Madhepura.
7.   The Circle Officer, Singheshwar, District - Madhepura.
8.   The Circle Officer, Gamhariya, District - Madhepura.
9.   The Circle Officer, Chausa, District - Madhepura.
10. The Circle Officer, Udakishunganj, District - Madhepura.
11. The Circle Officer, Kumarkhand, District - Madhepura.
12. The Circle Officer, Murliganj, District - Madhepura.
13. The Block Development Officer, Madhepura Sadar, District - Madhepura.
14. The Block Development Officer, Gamhariya, District - Madhepura.
         Patna High Court CWJC No.1496 of 2022(5) dt.19-01-2026
                                                     2/2




           15. The Block Development Officer, Murliganj, District - Madhepura.
           16. The Block Development Officer, Singheshwar, District - Madhepura.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Rupesh Kumar, Advocate
                 For the Respondent/s    :        Mr. Md. Nadim Seraj (GP-5)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

5   19-01-2026                     Learned counsel for the petitioners and learned

                   counsel for the State are present.

                               2. After some arguments, learned counsel for the

                   petitioners seeks permission to avail their remedy before the

                   Labour Court under the Industrial Disputes Act, 1947.

                               3. Learned counsel for the State submits that the

                   regularization could not be made.

                               4. In light of the submissions made by learned counsel

                   for the petitioners, the present writ petition stands disposed off

                   along with I.A. No. 01 of 2022, granting liberty to the

                   petitioners to avail their remedy before the appropriate Labour

                   Court.


                                                                   (Dr. Anshuman, J.)


Aman Kumar/-

U

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