PATNA, India, July 30 -- Patna High Court issued the following judgment on July 14:
Heard the learned counsel for the parties.
The present writ petition has been filed for the following relief(s):-
"i. For setting aside the entire proceedings of Certificate Case No. 2/2022-23 pending before the Certificate Officer-cumA.D.M. (Supply) Patna.
ii. During pendency of the writ application, stay the further proceedings of Certificate Case No. 02/2022-23 pending before the Certificate Officer-cum-A.D.M. (Supply), Patna.
iii. For any other relief/ reliefs which is fit in the facts and circumstances of the case and in the interest of justice."
3. Learned counsel appearing on behalf of the petitioner has stated that the petitioner has been granted a contract for the purpose of providing trolley service and house keeping services in the premises of Patna Medical College Hospital, Patna. Learned counsel has stated that the petitioner has been rendering the said services without any complaint from any quarters. That based on the complaint made by third party by the name of one Prabhas Chandra Sharma, the District Public Grievance Redressal Authority has taken up the case alleging that the trolley men are not getting the minimum wages and are being exploited. The petitioner has taken a stand that in case the said Prabhas Chandra Sharma has any grievance with regard to the minimum wages or if there is any violation of any labour laws, the statutory authorities appointed by the State is having the necessary jurisdiction to enquire and adjudicate the issue, the District Public Grievance Redressal Authority, Patna directed the Labour Superintendent to enquire into the said issue. Though the issue was pending before the said Labour Superintendent, the respondent Patna Medical College Hospital has initiated a parallel proceedings/ enquiry and issued a notice to the petitioner. That the petitioner has replied to the authorities stating that the Labour Superintendent, Patna was already seized of the matter and the parallel proceedings are unwarranted. However, the authorities with the mala fide intentions have gone ahead with the enquiry. That the authorities without awaiting the outcome of the matter which was already seized by the Labour Superintendent have issued a Memo No. 1767 dated 09.03.2022 alleging violation of the Minimum Wages Act, 1948, why the petitioner should not be blacklisted and calling upon him to submit his explanation. To the said memo, the petitioner has given his reply stating that three days' time given to file his explanation was not sufficient and sought some more time. In the meanwhile, the Labour Superintendent, Patna vide Memo No. 536 dated 14.03.2022 in his enquiry has found that there are no violations of any labour laws by the petitioner. However, the Patna Medical College Hospital authorities have gone ahead with their enquiry and came to the conclusion that the petitioner has violated the labour laws and the Minimum Wages Act, 1948. That the respondent-authorities issued show cause notice containing Memo No. 9302 dated 01.10.2022 alleging that the petitioner has been paid an excess amount of Rs. 2,03,89,587/- by submitting forged and fabricated invoices and sought his explanation, as to why an amount of Rs. 63,46,720/- pending against the invoices of January and February, 2022 and further two bank guarantee of Rs. 2,00,000/- each should not be adjusted or forfeited. Though the petitioner has replied to the above said show cause notice on 12.10.2022, the authorities without taking the same into consideration has forfeited two bank guarantees of Rs. 2,00,000/- and adjusted Rs. 63,46,720/-. That the petitioner has challenged the said memo by way of CWJC No. 1314 of 2023 and this Court vide order dated 28.03.2023 has granted liberty to the petitioner to move the Commercial Court under the Commercial Courts Act, 2015. That the petitioner thereafter has filed a commercial dispute suit bearing No. 13 of 2023 before the District Judge, Patna and the same has presently been transferred before the Additional District Judge-XVII, Patna and pending adjudication. Thereafter, the petitioner has received a notice dated 01.09.2023 from the certificate officer informing him that the certificate case has been instituted. The said certificate case is numbered as 02 of 2022-23. That on the enquiry, the petitioner found that the respondent Patna Medical College had sent a requisition for initiating the certificate case for recovery of an amount of Rs. 1,30,93,440/-. Learned counsel has stated that the respondent-authorities instead of awaiting the outcome of the case filed before the Commercial Court, Patna have initiated the certificate proceedings only with the mala fide intention. Learned counsel has therefore, prayed this .
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMjA1NyMyMDI0IzEjTg==-BOvKt--ak1--pu6bw=
Disclaimer: Curated by HT Syndication.
