IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4819 of 2010 1. Mangru Ram S/O Late Lala Ram R/O Vill Lahana, P.O.Varuwa, P.S.Koran Saray, Distt-Buxar Versus 1. The State Of Bihar Through Additional Collector, Arrah, Bhojpur 2. The Sub-Division Officer, Dumraon, Buxar 3. The Anchal Officer Block Dumraon, Buxar 4. The Labour(Inspector) Officer Block Dumraon, Buxar 5. Widow Koshailya Devi W/O Late Ram Pravesh Dubey, R/O Vill Lahana, P.S.Koran Saray, Distt-Buxar 6. Gupteshwar Dubey S/O Shiv Prakash Mishra R/O Vill Lahana, P.S.Koran Saray, Distt-Buxar ----------- 2. 08.7.2011. None appeared on behalf of the petitioner when the matter was called out 7.7.2011, nor is anybody present today. Mr. D. Choudhary, Assisting Counsel to SC-3 is present. The writ petition was filed challenging the order dated 21.3.2008 and 15.5.2008 (Annexure-3) passed by the Sub Divisional Officer, Dumraon in exercise of the powers vested in him under the provisions of the Minimum Wages Act, 1948. The petitioner also seeks to challenge the order passed on 12.5.1981 by the Circle Officer, Dumraon as contained in Annexure-1. The facts of the case is that a complaint was filed by the petitioner before the Labour Inspector, Dumraon alleging non payment of wages for the period from 1.7.1979 to 31.5.1980 by the respondent nos.5 and 6. The complaint, so filed under the Minimum 2 Wage proceedings was disposed of by the Circle Officer, Dumraon, by order dated 12.5.1981 (Annexure-1) allowing the complaint and directing the payment of Rs.1996.25 to the petitioner. The respondent nos.5 and 6 being aggrieved by the order as contained in Annexure-1, filed an appeal before the Additional Collector, Ara and which was dismissed for default. Even the restoration application was also dismissed. Thereafter the respondent no.5 and 6 filed a writ before this court giving rise to C.W.J.C.No.4486 of 1983 which was again dismissed under the orders of this court dated 23.11.1994 (Annexure-2). On non compliance of the directions of the order of the Circle Officer under the provision of Minimum Wages Act, 1948, a certificate proceeding was drawn against the respondent nos.5 and 6 giving rise to Case No.3 of 2007-08. While the certificate proceedings was pending before the Sub Divisional Magistrate-cum-Certificate Officer, Dumraon, the respondents nos.5 and 6 complied the orders of the Circle Officer, Dumraon and made payment of Rs.1997/- as a consequence whereof, the certificate proceedings was disposed of. It is contended that the non payment of the minimum wages which led to the certificate 3 proceedings in question, entitled the petitioner to claim penal interest by reason of its delayed payment. It is not in dispute that the amount was deposited during the pendency of the certificate proceedings. It is also not in dispute that no interest was awarded by the court while exercising the power under the Minimum Wages Act. It is also not contended that any application under section 17 of the Bihar and Orissa Public Demand Recovery Act has been filed by the petitioner claiming interest pendente lite. That being the position, no indulgence can be granted to the petitioner in the writ petition and it is accordingly dismissed. ahk (Jyoti Saran, J.)