IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15882 of 2009 RAM NARESH CHOUDHARY, SON OF SRI RAM KRIPAL CHAUDHARY, RESIDENT OF VILLAGE POKHRAM, P.O. AND P.S. BIRAUL, DISTRICT DARBHANGA------PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE ADMINISTRATOR, BIHAR STATE ROAD TRANSPORT CORPORATION, BIRCHAND PATEL PATH, PARIWAHAN BHAWAN, PATNA, BIHAR. 3. THE CHIEF OPERATION-IN-CHARGE, BIHAR STATE ROAD TRANSPORT CORPORATION, BIRCHAND PATEL PATH, PARIWAHAN BHAWAN, PATNA, BIHAR. 4. THE MANAGING DIRECTOR, BIHAR STATE ROAD TRANSPORT CORPORATION, BIRCHAND PATEL PATH, PARIWAHAN BHAWAN, PATNA, BIHAR. 5. THE CHIEF ACCOUNT OFFICER, BIHAR STATE ROAD TRANSPORT CORPORATION, BIRCHAND PATEL PATH, PARIWAHAN BHAWAN, PATNA, BIHAR. 6. THE LABOUR COMMISSIONER, DEPARTMENT OF LABOUR RESOURCES, BIHAR, PATNA. 7. THE SPECIAL OFFICER, DEPARTMENTAL PROCEEDING, BIHAR STATE ROAD TRANSPORT CORPORATION, BIRCHAND PATEL PATH, PARIWAHAN BHAWAN, PATNA, BIHAR. 8. THE PRESIDING OFFICER, LABOUR COURT, PATNA, BIHAR. 9. THE STATE OF JHARKHAND. 10. THE STATE OF JHARKHAND, THROUGH THE ADMINISTRATOR, JHARKHAND STATE ROAD TRANSPORT CORPORATION, JHARKHAND. 11. THE ADMINISTRATOR, JHARKHAND STATE ROAD TRANSPORT CORPORATION, RANCHI, JHARKHAND. 12. THE ADDL. MANAGING DIRECTOR, BIHAR STATE ROAD TRANSPORT CORPORATION, BIHAR(DISOLVED)----RESPONDENTS. ----------- 02. 20.11.2009 Heard learned counsel for the petitioner, State as also the counsel for the Bihar State Road Transport Corporation, Patna(hereinafter referred to as “the Corporation”). 2. Petitioner at the relevant time served as conductor in the Godda depot of the Corporation. He was found carrying unbooked passengers and was proceeded against and dismissed by the Additional Managing Director of the Corporation under order bearing Memo No.81 dated 14.2.1989, Annexure-5. He filed appeal against the dismissal order which was also dismissed under order bearing Memo No.487 dated 28.8.1990, Annexure-6. Later petitioner made request to the State Government to refer the industrial dispute arising out of the aforesaid two orders to the labour court at Patna. The State - 2 - Government having considered the request under the provisions of Section-10(1)(c) of the Industrial Disputes Act referred the dispute to the labour court, Patna. The dispute was registered as reference case No.16 of 2000. Under the impugned order dated 1.6.2007, Annexure- 10, the labour court, Patna has dismissed the reference case observing that the court at Patna has no jurisdiction as the charge pertains to Dumka Division in the State of Jharkhand, which is beyond the territorial jurisdiction of the labour court at Patna. 3. Having heard counsel for the parties, I am of the view that the approach of the labour court in not entertaining the dispute is erroneous and not in accordance with law. Petitioner at the relevant time may be serving under the Duma depot but the order of dismissal and the appellate order has been passed at Patna and the State Government at Patna made the reference, as such, the labour court, Patna had jurisdiction as on the date of reference Dumka was part of the united State of Bihar and labour court at Patna had the jurisdiction over the dispute referred to it under reference dated 28.12.1999, Annexure-8. Accordingly, the order dated 1.6.2007, Annexure-10 is set aside with direction to the presiding officer of the labour court, Patna to proceed with the dispute bearing Reference Case No. 16 of 2000 and dispose of the same at the earliest in any case within six months from the date of receipt/production of a copy of this order. 4. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)