IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3695 of 2005 Umesh Prasad Gupta alias Umesh Sao, S/o Fakira Sao, Resident of Village- Deo, P.S. Deo, District-Aurangabad. ……..Petitioner. Versus 1. The State of Bihar. 2. Assistant Labour Commissioner-cum-Authority under M.W. Act, 1948, Dalmianagar, Rohtas. 3. Sri Ram Shankar Ram, Labour Enforcement Officer-cum- Inspector, M.W. Act 1948,, Deo, Aurangabad. 4. Gaya Paswan, S/o Late Swaraj Paswan, resident of Village- Mehendibagh, P.S. Chand Chaura, District-Gaya. 5. Smt. Dwanti Devi, W/o Gaya Paswan, resident of Village-Mehendi Bagh, P.S. Chand Chaura, District-Gaya. ……Respondents. ----------- 3. 15. 02. 2010. Heard learned counsel for the petitioner and learned counsel for the respondents. The petitioner is aggrieved by the order dated 30. 09. 2004, passed by the Assistant Labour Commissioner, in Minimum Wages Proceeding bearing M.W. Case No. 54/2002. Learned counsel submits that impugned order is bad in law and proceeding before the Assistant Labour Commissioner under the Minimum Wages Act was not maintainable being time barred. Learned counsel for the Respondents submits that vide Bihar Amendment Act 9 of 1998, statutory appeal has been provided under Sub Section 6 of Section 20 before the Tribunal. Heard learned counsel for the parties. This Court is of the view that petitioner can raise these issues before appellate authority who will disposed the matter in accordance 2 with law. If any petition for condonation of delay is filed by the petitioner, the same would be considered sympathetically. With the above observations/directions, this writ application stands disposed of. m.p. (Samarendra Pratap Singh, J.)