IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.319 of 2003 BHARATH MAHTO, son of late Manager Mahto, resident of village- Kusma Basdiha, P.S. Simra, District Aurangabad…. Petitioner Versus 1. THE STATE OF BIHAR 2. Sub-Divisional Magistrate, Aurangabad. 3. The Labour Enforcement Officer-cum-Labour Inspector, Kutumba, Aurangabad. 4. Janeshwar Vishwakarma, son of Brichh Vishwakarma, resident of village- Kusma Basdiha, P.S. Simra, District- Aurangabad…. Respondenrts. ----------- For the petitioner: Mr. Bindeshwar Pd. Singh, Advocate For the State : Mr. Amaresh Kumar, A.C. to G.P.10. --- 3. 10.3.2010 The petitioner has directly come to this Court against the order dated 1.11.2002 passed by the Sub-divisional Magistrate, Aurangabad in a proceeding under Section 20 of the Minimum Wages Act, whereas provision for appeal has been made against such order by virtue of amendment made by the State Legislature to the said Act. In the above circumstances, the writ petition is dismissed being barred by existence of alternative statutory remedy. However, it will be open to the petitioner to approach the appellate authority in the matter against the impugned order. In case such an appeal is filed before the appellate authority along with an application for condonation of delay, the same shall be considered in accordance with law keeping in view - 2 - the fact that the petitioner has been pursuing his remedy before this Court. VPS ( Ramesh Kumar Datta, J. )