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2004 DIGILAW 753 (PAT)

Chunchun Mandal v. State Of Bihar

2004-07-27

NARAYAN ROY

body2004
Judgment Narayan Roy, J. 1. Heard counsel for the parties and considered the counter affidavit filed on behalf of the State. 2. The writ petitioner seeks direction upon the respondents to accept his joining in the light of the award dated 23.9.1991 passed by the Labour Court, Bhagalpur in Reference Case No. .6 of 1990 and to pay current as well as arrear salary along with the Interest. 3. A counter affidavit has been filed on behalf of the respondent, wherein it is stated tht the award passed by the Labour court has already been implemented and the petitioner has been reinstated in service. 4. Learned counsel for the State, however, submits that since his joining was accepted in the year 2001 the arrear of salary must have been paid and he must be getting his current salary. 5. Learned counsel for the petitioner on this states that he has no instruction in this matter. 6. In view of the statements made in paragraphs 5 and 6 of the counter affidavit, wherein it is stated that the petitioner has been reinstated in compliance of the award passed by the Labour Court, it is deemed by operation of law that the petitioner must have been reinstated with all consequential benefits and he must getting his monthly salary. 7. For the reasons aforementioned, this application has become infructuous. 8. It is, accordingly, dismissed. 9. However, a liberty is given to the petitioner to file a representation before the authority concerned in case the entire arrears have not been paid to him and the representation shall be considered and disposed of by the authority concerned in accordance with law.