IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.741 of 2009 EMPLOYEES THROUGH OFFICIAL OF THE TIMES OF INDIA NEWSPAPER EMPLOYEES UNION, FRASER ROAD, PATNA, P.S.KOTWALI, PATNA THROUGH ITS PRESIDENT………appellant-Respondent Versus 1. THE STATE OF BIHAR through Dy Labour Commissioner, Baily Road, Patna Bihar. 2. Times Publishing House Ltd. Fraser Road, Patna through its Asstt. Manager, Prem Shankar s/o late Vishwanath Prasad………Respondents ----------- 2. 14-Jul-09 Heard learned counsel for the appellant and perused the judgment under appeal. The issue relating to jurisdiction of the Deputy Labour Commissioner, Patna to entertain an application under the Bihar Shops and Establishment Act with regard to persons who are covered under the Working Journalists (Conditions of Service and Miscellaneous Provisions) Act,1955 has been decided by the writ Court against the Appellant Association of Employees. The writ Court has placed reliance upon a division bench judgment of this Court in the case of Samachar Bharti vs. Kedar Nath & Ors, AIR 1972 Patna 397 to note the findings that the Working Journalists Act, incorporating 2 as it does some of the provisions of the Industrial Dispute Act is a complete code and therefore the Working Journalists cannot take recourse to Section 26 of the Bihar Shops and Establishment Act. The writ Court has rightly relied upon that judgment to hold that the Deputy Labour Commissioner, Patna cannot be a Labour Court as defined under the Industrial Dispute Act, 1947 because he has not been constituted as such by a Government notification in the official Gazette. We find no materials to take different view in the matter. The appeal is dismissed as one without merits. perwez (Shiva Kirti Singh, ACJ.) (Anjana Prakash,J.)