PRABHU PRASAD Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The writ petition is filed seeking a direction to the respondent authorities to make payment of the unpaid wages of the petitioner for the period June, 2009 to May, 2010 having worked under the Junior Engineer, Sub-Divisional Office, Tirhut Nahar Sub-Division, Banchhihuli in the district of West Champaran.

(2.) It is not in dispute that the petitioner is a seasonal employee having been engaged by the respondents on daily wages. While, it is the grievance of the petitioner that he has worked for the period June, 2009 to May, 2010 but has not been paid a single farthing, the stand is contested by the respondents.

(3.) Initially a counter affidavit was filed by the Executive Engineer, Tirhut Canal Division No.1, Bettiah, in which it was stated that the petitioner was engaged from time to time on seasonal basis as and when he was required. It was further stated in reference to the muster roll that whatsoever duties the petitioner had discharged, he had been paid. The records transpire that even on earlier occasion, the petitioner has approached this Court in CWJC No.12399 of 2010 and which was disposed of vide judgment and order dated 27.07.2012 with an observation that if any work has been done by the petitioner, the authority should make payment thereof. Not being satisfied with the compliance that the petitioner came before this Court in contempt bearing MJC No.3374 of 2013 and a stand was taken by the Executive Engineer before this Court that whatever the admitted dues existed, had been paid to the petitioner. However, taking note of the contest the contempt petition was disposed of vide order at Annexure-4/A to the writ petition with liberty to the petitioner to raise his claim. The claim raised at Annexure-5 has not been disposed of and hence this writ petition.