IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4697 of 2001 BIRENDRA PRASAD Versus THE STATE OF BIHAR & ORS ----------- 12. 5.2.2009 Heard counsel for the petitioner and Mr. Lalit Kishore, learned Addl. Advocate General No.III for the State. Reference may be made to the earlier order of this Court dated 21.1.2009, which reads as follows: “ Heard in part. Put up this court in the next week on 28th January, 2009 on which day the Secretary of the Minor Irrigation Department will personally file an affidavit as to why the award in question has not been implemented when the entire assets and liabilities of the Water Development Corporation has already been taken over by the State Government way back in the year 1986 and the reference proceeding was also contested by or on behalf of the State Government.” Thereafter this Court had passed another order dated 27.1.2009 which reads as follows: “ This case has been wrongly listed today, i.e. 27.1.2009. 2 Surendra/ Mr. Lalit Kishore, learned Additional Advocate General N0.3 prays for and is allowed time till 30th January, 2009 to apprise this court as to when an award has already been made by the Labour Court under section 10 of Industrial Dispute Act how would the State being successor in shoe to the Corporation would wriggle out in implementation of the said award? List this case on 30th January, 2009 as a first matter.” Today Mr. Lalit Kishore on being instructed by the Secretary of Minor Irrigation Department has stated that the award in question of the Industrial Tribunal will be implemented in toto within a period of two months from today. Once this undertaking has been given by the learned Addl. Advocate General No.III nothing survives for adjudication and accordingly, this application is disposed of with a direction to the respondents to implement the award in toto within a period of two months from today. (Mihir Kumar Jha,J.) 3