Patna High Court

Abhishek ChandraversusThe State of Bihar

Decided: 5 February 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The High Court held that a contractual employee of a private company cannot obtain relief through this writ jurisdiction; the appropriate remedy lies before the Labour Court.

Summary

Abhishek Chandra, a contractual employee of Ornate Techno Services Pvt. Ltd., filed a writ petition in the Patna High Court alleging that the private agency, which received funds from the Bihar Government, failed to pay his salary. The petitioner argued that the case fell under the heading ‘Service Matter Other Than Educational Service, Non‑Gazetted‑cum‑Contractual’ and sought relief from the Court. The respondents, representing the State of Bihar, raised a defect that the subject matter was incorrectly categorized. The Court examined whether it had jurisdiction to entertain a claim of a private‑sector contractual employee against a private employer. It held that the petitioner’s remedy lies before the Labour Court, not the High Court, and therefore declined to entertain the writ. Consequently, the petition was disposed without addressing the merits.

Issues considered

Whether the High Court has jurisdiction to entertain a writ petition filed by a contractual employee of a private agency for non‑payment of salary.
Whether the petition is correctly categorized under the heading ‘Service Matter Other Than Educational Service, Non‑Gazetted‑cum‑Contractual’.
What is the appropriate forum for redress of the grievance of a contractual employee against a private employer?

Subjects

jurisdiction
contractual employee
writ petition
labour court
service matter
private agency
payment claim

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1888 of 2026
                 ======================================================
                 Abhishek Chandra Son of Sarvan Kumar, Resident of village- Surajpur, P.S. -
                 Nalanda, District- Nalanda, Bihar, Pin - 803111.

                                                                             ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through the Principal Secretary, Department of
                 Information and Technology, Technology Bhawan, Patna, Bihar.
           2.    The Special Secretary, Department of Information and Technology,
                 Technology Bhawan, Patna - Bihar.
           3.    The Nodal Officer, Department of Information and Technology, Technology
                 Bhawan, Patna - Bihar.
           4.    Akiko, Shermar Infotech Pvt. Ltd., through the Sr. HR Manager, 2C/2, New
                 Rohtak Road, Near Liberty Cinema, New Delhi- 110005.
           5.    The General Manager/HR Manager, Velocis System Pvt. Ltd. A- 25,. Sector
                 67, Noida- 201301 (U.P.), Regd. Office at 73, Ground Floor, Begampur,
                 New Delhi- 110017.
           6.    The General Manager- Operations, Ornate Techno Services Pvt. Ltd., Head
                 Quarter at Noida, New Delhi.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Md. Kamran, Advopcate
                 For the Respondent/s   :     Mr. Government Advocate (11)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   05-02-2026                 Heard learned Counsel for the petitioner and learned

                   Counsel for the State.

                               2. Learned Counsel for the petitioner submits that this

                   case has come under the heading for orders ‘On Office Notes’

                   and even after removal of defects office has pointed that defect

                   No.59 has not been removed.

                               3. Learned Counsel for the petitioner submits that

                   petitioner was staff of a private agency, namely, Ornat Techno
         Patna High Court CWJC No.1888 of 2026(2) dt.05-02-2026
                                                     2/2




                   Services Pvt. Ltd. The said private agency has worked for the

                   Government, received money from the Bihar Government but

                   payment has not been made to the petitioner, who is employ of

                   the said Company.

                               4. Office has raised defect on the point of subject

                   matter of this case as the Counsel has filed this case under the

                   heading ‘Service Matter Other Than Educational Service, Non-

                   Gazetted-cum-Contractual’.

                               5. It transpires to this Court that petitioner was a

                   contractual employee not of the government; rather of the

                   Private Company and for which the liberty does not lie to the

                   petitioner before the High Court; rather the remedy lie before

                   the Labour Court against the said Private Company.

                               6. In this View of the matter, this Court without

                   entering into merit or demerit of the case, grants liberty to the

                   petitioner to avail the remedy before the appropriate forum.

                               7. With the aforesaid direction, this writ petition

                   stands disposed off.



                                                                  (Dr. Anshuman, J)
    Mkr./-

U

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