RAJ KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant against the order dated 5.10.2009 passed in W. P.(S) No. 4129/ 2008 by which the writ petition filed by the writ petitioner for payment of his salary was rejected as the learned Single Judge was pleased to accept the contention of the respondent - State that the petitioner/appellant herein had an alternative efficacious remedy before the Payment of Wages Authority under the Industrial Disputes Act where he can claim his salary.

(2.) THE simple case of the petitioner/ appellant herein before the learned Single Judge was to the effect that the salary has not been paid to him although he is still in service as a Mixture Operator in the Rural Engineering Organization, Works Division, Gumla which admittedly is a Government Department of the State of Jharkhand. The Counsel for the petitioner had submitted before the learned Single Judge that the petitioner is a duly appointed employee of Rural Engineering Organization and yet he has not been paid the salary although he had been continuously discharging his duties.

(3.) ASSAILING the judgment passed by the learned Single Judge, it was submitted by learned counsel for the appellant, that the appellant could not have been directed to approach the Payment of Wages Authority as he is fully entitled to invoke the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India since he had not filed the writ petition in the capacity as a workman under the Industrial Disputes Act but as a full -fledged employee of the State of Jharkhand. In view of this, it was not correct on the part of the learned Single Judge, to accept the contention of the counsel for the State and direct the petitioner to approach the Payment of Wages Authority.