IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.122 of 2009 TRIVEDI AMBAREESH, General Secretary of Bihar Provincial P.W.D.Workers Union,Annie Besant Road, Patna-4 … … Appellant Versus THE STATE OF BIHAR through its Chief Secretary, Old Secretariat, Patna … … Respondent For the appellant: Mr. K.N. Chaubey, Sr.Adv. Mr.Ambuj Nayan Chaubey Mr. Sidhanath Hansh For the State: Mr. A.K.Jha, G.A.2 Mr S.K.Mishra, A.C. to G.A.2 ----------- 3. 28.2.2009 Writ petitioner-appellant aggrieved by the order dated 26.11.2008 passed by the learned Single Judge in C.W.J.C. No. 3348 of 1990 has preferred this appeal under Clause 10 of the Letters Patent. Mr. K.N.Cuabey, learned Senior counsel appears on behalf of the appellant. The State is represented by learned G.A. 2. Writ petitioner-appellant filed the writ application to enforce the agreement said to have been entered between the Chief Secretary, Government of Bihar and employees Union dated 12.2.1987 and 27.9.1989. The learned Single Judge dismissed the writ application, inter alia, observing that the 2 dispute is basically an industrial dispute which can be agitated under the provisions of the Industrial Disputes Act. In this connection, the observation of the learned Single Judge reads as follows: “From the perusal of the averment and assertion made in the writ application the negotiation and the cause of action is basically arisen within the frame-work of the Industrial Disputes Act. If the petitioner did not choose to enforce their right under the special act and statute then this Court will not fill up the gap specially under Article 226 of the Constitution of India to enforce a so-called agreement arrived at between the parties whose legal status is not even certified or qualified.” We find no error in the same. The appeal stands dismissed in limine. Kanth ( C.K.Prasad, A.C.J.) ( Dharnidhar Jha, J.)