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Patna High Court

Kapileshwar ChoudharyversusThe State Of Bihar and Ors

Decided
Disposal
DISMISSED

Holding

The writ petition is dismissed as it is not maintainable; the award is inoperative and the petitioner should have pursued the statutory remedy under the Industrial Disputes Act.

Summary

The petitioner, a driver employed by the Bihar State Road Transport Corporation, was suspended and later dismissed in 1991 following a disciplinary enquiry. He challenged the dismissal before the Labour Court, which in 2006 awarded reinstatement with full back wages and consequential benefits. Despite the award, an office order dated 8 February 2008 denied payment of the back wages, prompting the petitioner to file a writ petition in 2013 seeking quashing of that order and enforcement of the award. The respondents contended that the petition was barred by delay, laches, and the existence of an alternative statutory remedy under Section 33‑C(1) of the Industrial Disputes Act, 1947, and that the award had become inoperative under Section 17A and Section 19 of the same Act. The Court held that the writ petition was not maintainable, as the petitioner failed to avail the prescribed remedy and the award could not be enforced under the statutory framework. Consequently, the petition was dismissed.

Issues considered

  • Whether the writ petition is maintainable in view of the delay and the availability of an alternative remedy under Section 33‑C(1) of the Industrial Disputes Act, 1947.
  • Whether the Labour Court award is enforceable or has become inoperative under Section 17A (and Section 19) of the Industrial Disputes Act, 1947.
  • Whether a court can entertain a writ under Article 226 for enforcement of monetary benefits when a specific statutory remedy exists.

Legislation cited

Subjects

  • writ petition
  • Industrial Disputes Act
  • award enforceability
  • back wages
  • delay
  • laches
  • alternative statutory remedy
  • reinstatement

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.24819 of 2013
     ======================================================
     Kapileshwar Choudhary S/O Late Janardan Choudhary R/O Village
     Basukibihari, P.S. Madhurapur In The District Of Madhubani

                                                                     ... ... Petitioner/s
                                      Versus
1.   The State Of Bihar and Ors Government Of Bihar, Patna
2.   Administrator, Bihar State Road Transport Corporation, Patna
3.   Managing Director, Bihar State Road Transport Corporation, Patna
4.   The District Magistrate, Patna

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :          Mr. Sanjeev Kumar, Advocate
     For the Respondent/s   :          Mr. Ajay, Sr. Advocate
     ======================================================
        CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

                                 ORAL JUDGMENT
                                 Date : 20-02-2026

                  1. The petitioner has filed the instant

      application for the following relief:

                                “(I) To quash the office order
                      bearing order no. 144 dated 08.02.2008
                      issued under the signature of V. N. Jha,
                      Director          Vigilance      and       Security        (In-
                      Charge            Chief       Personnel)           in      the
                      department of Bihar sate road transport
                      department              Govt.      of   Bihar        Patna..
                      Whereby and where under it is further
                      directed that the back wages of the
                      petitioner shall not be paid.
                                (II)     To     direct     the       respondent
                      authority to pay the entire back wages
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                          of the petitioner in view of order dated
                          22.8.2006 passed by Presiding Officer,
                          Labour Court, Patna in reference case
                          no. 39/1995 with statutory interest over
                          the amount.
                                   (III) Also to direct respondent
                          authority to provide all consequential
                          benefits of the petitioner in view of
                          above mentioned order.
                                   (IV) Also any other relief/reliefs for
                          which petitioner is found to be entitled
                          in the eye of law.”


                           2. The case of the petitioner, as culled

         out from the writ petition, is that he was initially

         appointed as a Driver in the Bihar State Road

         Transport Corporation on 20.06.1988. It is stated

         that he discharged his duties sincerely and was

         posted on the Patna–Darbhanga Deluxe Bus route.

         According to the petitioner, during the course of

         inspection, four passengers were found travelling

         without ticket. A domestic enquiry was initiated

         against him and he was suspended on 19.03.1990.

         It is alleged that the enquiry was conducted in

         violation of principles of natural justice and without
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         affording him adequate opportunity of hearing.

         Ultimately, vide order dated 16.09.1991, he was

         dismissed from service.

                           3. It is further stated that the petitioner

         challenged the order of dismissal before the

         Labour Court, Patna, which was registered as

         Reference Case No. 39/1995. After adjudication by

         award dated 22.08.2006, the Presiding Officer,

         Labour Court, Patna directed reinstatement of the

         petitioner along with payment of full back wages

         and      other       consequential            benefits.   It   is   the

         grievance of the petitioner that though he was

         reinstated to service pursuant to the award, vide

         Office Order No. 144 dated 08.02.2008 but the

         respondents denied payment of back wages.

         According to him, such action is illegal and

         amounts to non-compliance of the award passed

         by the Labour Court. It is further submitted that

         the      petitioner        has       been      working    since     his

         reinstatement with sincerity and the denial of back

         wages for nearly 15 years is wholly arbitrary and

         unsustainable in law.
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                           4. Per contra, the Learned counsel

         appearing on behalf of the respondents has

         opposed the writ petition. It is submitted that the

         writ petition is hit by delay and laches. The cause

         of action had arisen in the year 2006 and the

         impugned office order was passed in the year

         2008, whereas the petitioner has approached this

         Court after several years without any plausible

         explanation.

                           5. It is further submitted that the

         petitioner had an alternative statutory remedy

         under Section 33-C(1) of the Industrial Disputes

         Act, 1947, for recovery of money, in terms of the

         award, but the same has not been availed. Hence,

         the writ petition is not maintainable.

                           6. The Learned counsel draws attention

         towards Section 17A of the Industrial Disputes Act

         which deals with enforceability of awards and

         submitted that the award has become inoperative

         by virtue of Section 19 of the Act. Section 17A of

         the Industrial Disputes Act, reads as follows:

                                              “17A. Commencement of
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                            the award.—(1) An award (including an
                            arbitration           award)            shall         become
                            enforceable on the expiry of thirty
                            days from the date of its publication
                            under section 17:
                                              Provided that—
                                              (a)       if        the      appropriate
                            Government is of opinion, in any case
                            where the award has been given by a
                            Labour Court or Tribunal in relation to
                            an industrial dispute to which it is a
                            party; or
                                              (b)            if      the           Central
                            Government is of opinion, in any case
                            where the award has been given by a
                            National        Tribunal,             that     it     will   be
                            inexpedient                on         public          grounds
                            affecting national economy or social
                            justice to give effect to the whole or
                            any part of the award, the appropriate
                            Government, or as the case may be,
                            the     Central         Government                  may,     by
                            notification in the Official Gazette,
                            declare       that         the        award         shall    not
                            become enforceable on the expiry of
                            the said period of thirty days.
                                              (2) Where any declaration
                            has been made in relation to an award
                            under the proviso to sub-section (1),
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                            the appropriate Government or the
                            Central        Government            may,        within
                            ninety        days         from     the     date      of
                            publication of the award under section
                            17,     make          an    order     rejecting       or
                            modifying the award, and shall, on the
                            first    available         opportunity,        lay   the
                            award together with a copy of the
                            order before the Legislature of the
                            State, if the order has been made by a
                            State         Government,              or        before
                            Parliament, if the order has been made
                            by the Central Government.
                                              (3) Where any award as
                            rejected or modified by an order made
                            under sub-section (2) is laid before the
                            Legislature           of   a   State      or     before
                            Parliament, such award shall become
                            enforceable on the expiry of fifteen
                            days from the date on which it is so
                            laid; and where no order under sub-
                            section (2) is made in pursuance of a
                            declaration under the proviso to sub-
                            section (1), the award shall become
                            enforceable on the expiry of the period
                            of ninety days referred to in sub-
                            section (2).
                                              (4)       Subject         to       the
                            provisions of sub-section (1) and sub-
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                            section (3) regarding the enforceability
                            of an award, the award shall come into
                            operation with effect from such date
                            as may be specified therein, but where
                            no date is so specified, it shall come
                            into operation on the date when the
                            award        becomes          enforceable    under
                            sub-section (1) or sub- section (3), as
                            the case may be.]”


                           7. It is submitted that the petitioner

         was a habitual offender and had earlier been

         subjected           to     disciplinary          proceedings.      The

         misconduct alleged against him was serious in

         nature, involving breach of trust while discharging

         duties as a driver of a commercial transport

         corporation dealing with public revenue. It is

         contended that the Labour Court erred in granting

         reinstatement            with      full       back   wages   and   the

         Corporation is running at a loss, and it cannot be

         burdened with payment of back wages for nearly

         17 years without any work. Therefore, the Learned

         counsel for the respondents prayed to dismiss the

         writ petition as it is devoid of merits.

                           8. Heard The Learned counsel for the
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         parties and perused the materials available on

         record. The primary grievance of the petitioner is

         against the office order dated 08.02.2008 whereby

         back wages were denied despite the award dated

         22.08.2006 passed by the Labour Court. However,

         it is an admitted fact that the petitioner has

         approached this Court after a considerable delay.

         The cause of action, if any, arose in the year 2006

         and the award was passed in the year 2008 and

         the Writ application was preferred in the year

         2013.       No      satisfactory          explanation   has   been

         provided by the petitioner for approaching this

         Court after such a long period of time. Further, the

         Industrial Disputes Act provides for a specific

         mechanism under Section 33-C(1) for recovery of

         money due under an award. The petitioner has not

         availed the said statutory remedy. It is well settled

         that where an efficacious alternative remedy is

         available under a statute, this Court, in exercise of

         its writ jurisdiction under Article 226 of the

         Constitution of India, ordinarily does not entertain

         such petition, specially when the disputed question
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         is relating to computation and enforceability of

         monetary benefits.

                           9.    This      Court       also    finds   that   the

         petitioner remained out of service for a substantial

         period and serious allegations of misconduct had

         been levelled against him. The Corporation has

         specifically pleaded loss of confidence in the

         petitioner and about the financial constraints.

         These are matters which required adjudication

         before the appropriate forum under the Industrial

         Disputes Act.

                           10.      The       reliance        placed    by    the

         respondents on Section 17A of the Industrial

         Disputes Act regarding enforceability of awards

         further       indicates         that      questions       relating    to

         operation, enforceability and implementation of

         the award are matters to be examined within the

         statutory framework of the Act. These questions

         cannot be examined in writ jurisdiction, particularly

         when disputed facts are involved.

                           11. The counsel appearing on behalf of

         the corporation submits that award of the Labour
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                      Court which is the basis of petitioner’s claim is

                      inoperative as he cannot rely on such award after

                      expiry of prescribed period under the Act. Vide

                      order dated 06.01.2024, the petitioner was asked

                      to bring on record whether the award of Labour

                      Court       was       published          or   not.   However,   the

                      petitioner has failed to do so.

                                        12. In view of the discussions made

                      hereinabove, this Court is of the considered

                      opinion that the writ petition is devoid of merits

                      and does not warrant interference under Article

                      226 of the Constitution of India.

                                        13. Accordingly, the writ petition stands

                      dismissed.

                                        14. Interlocutory Application(s), if any,

                      shall stands disposed of.




                                         (G. Anupama Chakravarthy, J)
Spd/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          20.02.2026
Transmission Date


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