CWJC No. 3498 of 2005. Case: Jivendra Jha Vs Bihar State Co-operative Marketing Union and Ors.. High Court of Patna (India)
| Case Number | CWJC No. 3498 of 2005 |
| Counsel | For Appellant: Vikas Kumar, Adv.and For Respondents: Rajendra Prasad and Manisha Singh,advs. |
| Judges | Chakradhari Sharan Singh, J. |
| Issue | Constitution Of India - Article 12 |
| Citation | 2015 (1) PLJR 722 |
| Judgement Date | April 10, 2014 |
| Court | High Court of Patna (India) |
Order:
Chakradhari Sharan Singh, J.
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Heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the Respondent-BISCOMAUN. This writ application was filed on 17.3.2005 seeking direction to the Respondent-BISCOMAUN for payment of due arrears of salary for the period November, 1996 to July 2002 and also for payment of dearness allowance and interim relief due from July, 1995 to July 2002 with up-to-date statutory interest.
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A counter affidavit was filed on behalf of the BISCOMAUN on 4.12.2006. The Respondents' did not dispute the petitioner's claim for arrears of salary but it took a plea that its financial condition was very critical and it was not able to meet its liabilities towards its employees to pay their regular salary and retiral/death-cum-retirement benefits in time.
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In paragraph 13 of the counter affidavit, the Respondents specifically stated, "BISCOMAUN is not denying as the claim of the salary of its employees but only request to co-operate with the management of BISCOMAUN so that the BISCOMAUN may be able to generate its fund and be able to make rest pay and salary without any hindrance".
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In paragraph No. 14, it has been stated that the BISCOMAUN has adopted a scheme to make payment as per availability of fund in chronological order and BISCOMAUN may be allowed to follow its self-supported scheme.
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I do not think that after 81/2 years of the filing of the counter affidavit, taking the stand as indicated above, the Respondent-BISCOMAUN has any face to say any more that petitioner will have to...
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