Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The writ petition is dismissed, and the petitioner is directed to approach the competent Labour Court for relief.
Summary
Manoj Kumar, a peon (Class IV employee) of the Bihar State Co‑Operative Sugar Factories Federation Ltd., filed a writ petition seeking a mandamus directing the respondents to release his salary arrears and current salary due since April 2008. He had earlier approached the same court in C.W.J.C. No.4180 of 2014, where he was directed to submit a detailed representation to the Managing Director, which he did, but his grievance remained unresolved. The court observed that matters of Class IV employees are within the jurisdiction of the labour courts and not the writ jurisdiction of the High Court. Consequently, the petition was disposed of, with liberty granted to the petitioner to raise his grievance before the competent Labour Court in Patna within 30 days. The court directed the Labour Court to adjudicate the matter promptly.
Issues considered
- Whether a writ petition under Article 226 is maintainable for the recovery of salary arrears of a Class IV employee.
- Whether the High Court can issue a mandamus directing the release of the petitioner’s salary.
- Whether the jurisdiction to entertain the grievance lies with the Labour Court rather than the High Court.
Subjects
- writ petition
- mandamus
- salary arrears
- Class IV employee
- labour court jurisdiction
- Bihar State Co‑Operative Sugar Factories Federation
- public service employment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8519 of 2024
======================================================
Manoj Kumar Son of Late Ramanand Yadav Resident of Sadikpur Yogi
Hanuman Nagar, P.S.-Patrakar Nagar, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar.
2. The Principal Secretary, Co-Operative Department, Government of Bihar,
Patna.
3. The Principal Secretary, Cane Industry Department, Government of Bihar,
Patna.
4. The Cane Commissioner, Government of Bihar, Patna.
5. The Bihar State Sugar Corporation Ltd., Patna Through its Managing
Director.
6. The Managing Director, Bihar State Sugar Corporation Ltd., Udyog
Bhawan, Purvi Gandhi Maidan, Patna.
7. The Principal Secretary, Co-Operative Department, Government of Bihar,
Patna.
8. The Registrar, Co-operative Societies, Co-operative Department,
Government of Bihar, Patna.
9. The Managing Director, Bihar State Co-Operative Sugar Factories
Federation Limited, Biscoman Bhawan, 4th Floor, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bam Bahadur Jha, Adv.
For the Respondent/s : Mr.Pankaj Kumar, SC12
Mr.Anuj Kumar, AC to SC12
Mr. Gyan Shankar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 03-02-2026 Heard Learned Counsel for the petitioner and
Learned Counsel for the State.
2. Learned Counsel for the petitioner submits that the
present writ petition has been filed with the following reliefs:-
1. That, this writ application is being filed for
order/orders in the nature of mandamus or any other
Patna High Court CWJC No.8519 of 2024(2) dt.03-02-2026
2/3
appropriate writ / writs, direction/directions for
commanding the respondents to release the arrear as well
as current salary of the petitioner which is due since April
2008 on one and other pretext who is working in the office
of Bihar State Co- Operative Sugar Factories Federation
Limited as peon.
1(a). That, the petitioner further seeks
indulgence of this Hon'ble Court for the following reliefs : -
(i) The concerned appropriate respondent
authority be directed to release the arrear as well current
salary to the petitioner.
(ii) The petitioner be extended for any other
relief / reliefs for which he would be found to be entitled.
3. Counsel for the petitioner further submits that the
petitioner had earlier moved before this Hon’ble Court in
C.W.J.C. No.4180 of 2014 in which vide order dated
25.04.2014, a direction was made to the petitioner to file a
detailed representation before the Managing Director, Bihar Co-
operative Sugar Mill Federation Ltd. raising his grievance and
further directed to the Authority to dispose it of within a period
of three months thereafter. In compliance of the said order, the
petitioner had filed his representation and order has also been
passed on the same, but grievance of the petitioner has not been
settled.
4. It transpires to this Court that admittedly, the
petitioner is a Class IV employee, which is subject to test only
before the Trial Court. As such, the present writ petition is
Patna High Court CWJC No.8519 of 2024(2) dt.03-02-2026
3/3
hereby disposed of, granting liberty to the petitioner to raise all
his grievances before the competent Labour Court, Patna within
30 days along with this order and the competent Labour Court,
Patna, after issuing notice to all concerned, adjudicate this
matter as earliest as possible.
5. With the aforesaid directions and observations, the
present writ application stands disposed off.
(Dr. Anshuman, J)
Prakashmani/-
U
Checking your session…