IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1190 of 2011 In Civil Writ Jurisdiction Case No. 5791 of 2010 With Interlocutory Application No. 5812 of 2011 In Letters Patent Appeal No.1190 of 2011. ====================================================== 1. Basudeo Manjhi, S/o Late Sahadeo Manjhi, R/o Vill.- Barnapura, P.S.- Khaira, Distt.- Saran (Chapra) 2. Jitendra Prasad Yadav, S/o Sri Shyam Sundar Ray, R/o Vill.- Afaur, P..S- Khaira, Dsitt.- Saran (Chapra) .... .... Appellant/s Versus 1. The Union of India through the Secretary, Labour Resources Department, Govt. of India, Shrum Bhawan, New Delhi 2. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna 3. The Commissioner-cum-Special Secretary, Department of Labour Resources, Govt. of Bihar, Patna 4. The District Magistrate, Saran at Chapra 5. The Assistant Labour Commissioner, Saran 6. The Deputy Labour Commissioner, Department of Labour Resources, Saran, Chapra 7. The District Superintendent of Education, Saran at Chapra 8. The Labour Superintendent, Saran, Chapra 9. The Assistant Director, Social (Labour) Security Cell, Saran at Chapra 10. The Block Development Officer, Block- Nagara, Saran 11. The Block Education Extension Officer, Nagara Block, Distt.- Saran 12. The Block Labour Officer, Block- Nagara, Distt.- Saran 13. The Karuna Self Service Society (Non Government Organization) through the Secretary, Gadai Sarai, P.S.- Hajipur Town, Distt.- Vaishali at Hajipur 14. Sri O.P. Sharma, S/o Late Ramji Sharma, the Secretary of Karuna Self Service Society (NGO), R/o Vill.- Achawer, P.S.- Badh, Distt.- Patna Patna High Court LPA No.1190 of 2011 (5) dt.21-11-2011 2 / 3 2 15. Pinki Kumari, D/o Damodar Singh, R/O Vill.- Afaur, P.S.- Khaira, Dsitt.- Saran (Chapra) ……………….. Petitioner … Respondents (2nd Set) .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Udai Shankar Singh, Advocate. For the Respondents 2-4: Mr. Sunil Kumar Mandal, SC 24 and Mr. Bipin Kumar, AC to SC 24. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 5 21-11-2011 This Appeal under Clause 10 of the Letters Patent is filed by the writ petitioners against the order dated 5th January 2011 made by the learned single Judge in above CWJC No. 5791 of 2010. The Appeal is filed 157 days after expiry of the period of limitation. The writ petition has been dismissed on the sole ground that the respondent nos. 13 and 14, the employers, were not “State” within the meaning of Article 12 of the Constitution. Mr. Udai Shankar Singh has appeared for the appellants. He states that the respondent no. 13 is a Non- Government Organization imparting education to the child labourers. It is, therefore, amenable to the writ jurisdiction of the High Court. In support thereof, he has relied upon the judgment of the Hon’ble Supreme Court in the matter of Shri Anadi Mukta Sadguru Shree Muktajee Vandasjiswami Suvarna Jayanti Mahotsav Smarak Trust & Ors. vs. V.R. Rudani & Ors. (AIR 1989 SC 1607). We see no merit in this Appeal nor is the delay Patna High Court LPA No.1190 of 2011 (5) dt.21-11-2011 3 / 3 3 satisfactorily explained. For the aforesaid reason, the Appeal and the Interlocutory Application are summarily rejected. Dilip. (R.M. Doshit, CJ) (Birendra Prasad Verma, J)