IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19913 of 2011 ====================================================== Nawal Kishore Singh, s/o- Laxmi Singh, r/o- village Nawada, P.S.- Naugachia, District- Bhagalpur. .... .... Petitioner/s Versus 1. The State Of Bihar through Managing Director, Bihar State Ware Housing Corporation, Maurya Lok Complex, Patna. 2. The Managing Director, Bihar State Ware Housing Corporation, Maurya Lok Complex, Patna. 3. The Secretary, Bihar State Ware Housing Corporation, Maurya Lok Complex, Patna. 4. The Divisional Manager, Bihar State Ware Housing Corporation, Bhagalpur. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sharda Nand Mishra For the Respondent/s : Mr. Naresh Dikshit ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL) 2 17-11-2011 Petitioner had earlier moved this Court for the relief prayed for in the application vide C.W.J.C. No. 13609 of 2005 which was considered and disposed of by order dated 31.10.2007 (Annexure-6). The said order reads as under: “Heard learned counsel for the petitioner and the counsel appearing on behalf of the Bihar State Ware Housing Corporation. It is pointed out by the parties that the petitioner has filed a case before the Labour Court for similar relief and in that view of the matter he seeks permission to withdraw this writ petition, to pursue his remedy before the Labour Court. The writ petition is dismissed as withdrawn.” This is what the petitioner has stated in paragraph Nos. 14 and 19: “14. That the petitioner admittedly prefer Misc. Case Patna High Court CWJC No.19913 of 2011 (2) dt.17-11-2011 2 7 of 2004 before the Presiding Officer, Labour Court, Bhagalpur for regularization of the service as similarly situated persons have been considered, which is still pending before the Court below without any reasons and rhyme, moreover petitioner was also moved earlier for regularization/appointment of service before this Hon'ble Court bearing C.W.J.C. No. 13609/2005 as similarly situated persons considered by this Hon'ble Court, this Hon'ble Court has been pleased to consider by the order dt. 31.10.2007 and observed that as same and similar matter is pending before the Labour Court, hence this proceeding should be dropped and has been withdrawn with observation. 19. That it is not a dispute the case of the petitioner is pending before the learned Labour Court for the same relief since 2004 but the learned court below could not take any notice even order passed by this Hon'ble Court dt. 21.10.2007, then the petitioner have no option except invoke the writ application hence again revoke.” In view of the aforesaid, this Court is not inclined to entertain the present repeat application. Refusal to entertain the matter will not preclude the petitioner from approaching the Labour Court where the matter is currently pending for expeditious disposal of the case. This Court would only observe that the Labour Court, Bhagalpur would expedite the disposal of Misc. Case No. 7 of 2004. The application is dismissed with the liberty aforesaid. PANKAJ KUMAR/- (Kishore K. Mandal, J)