Awadh Kishore Sharma vs The State of Bihar and Others

Radha Mohan Prasad, J.—The Petitioner, who is admittedly an employee of the Bihar State Agro Industries Development Corporation Ltd. (hereinafter referred to as ''the Corporation''), has filed the present writ application in a representative capacity as he claims to be the General Secretary of the Corporation Karamchari Union. The prayer in the writ application is for issuance of an appropriate writ, order or direction commanding the Respondents to refund the dearness allowance deducted from the salaries of the employees from 1.1.1979 to 28.2.1990, to pay the group saving general life insurance policy monthly premiums from 1990, the group gratuity premiums of L.I.C. from 1990 to up to date, the interim relief from 1.1.1986 in place of 1.1.1988, the enhanced allowances of house rent from 1.12.1986 in place of 30.6.1992 and further arrears on the basis of the 5th Pay Revision from 1.3.1989 in place of 30.11.1990 and the dearness allowance from July, 1991 instead of April, 1992 which, according to the Petitioner, have been arbitrarily withheld by the Corporation despite repeated requests made through representation by the Union as well as by individual employees of the Corporation.

In a petition for grant of interim relief filed on 3.8.1993 on behalf of the Petitioner it is stated that due to non-payment of salary and other emoluments due to the employees of the Corporation they have not been able to discharge their obligations towards their family members so much so that they are not in apposition to extend medical pare in case of illness of anybody in their family and/or to impart proper education to their children. It is also stated in the spiel petition that Rajendra Prasad and Ramsuchin Mandal died without proper medical care in the absence of the availability of fund due to non-payment of the due amount payable to them by the Corporation. It is also stated that the wife of Peyare Dubey one of the employees of the Corporation, also died without proper medical care due to the same reason. Lastly, when they failed in their attempts to get the aforementioned grievances redressed by the Corporation, the present writ application was filed by the Petitioner.

A counter affidavit has been filed on behalf of the Chairman and the Managing Director of the Corporation. No counter affidavit has been filed on behalf of the State even though the State Govt. as well as the Agriculture Production Commissioner and the Finance Commissioner are party Respondents 1, 2 and 5, respectively, despite writing of letter by, the State Counsel, as stated by the learned J.C. to Government Advocate, on 28th November, 1992.

In the counter affidavit filed on behalf of the Chairman and the Managing Director of the Corporation, the claim regarding payment of salary up to date, deferred dearness allowance from 1.3.1979 to 28 2.1990 and group savings linked insurance from 1990 onwards have not been disputed. Other claims of the Petitioner, such as, the enhanced house rent allowance dearness allowance and interim relief have also not been disputed but the dispute appears only with regard to the date of their implementation which, according to the learned Counsel appearing for the Corporation, is being implemented, ass per the decision of the Board of Directors. However, it is not disputed that the payment of salary have not been made from November 1992 up to date, as would appear from paragraph 21 of the counter affidavit wherein the only plea taken by the Corporation is non-availability of funds.

Mr. Pandey learned Counsel appearing for the Corporation, in this regard submitted that the Corporation has been moving the State Government and apprising them of the liability of the Corporation by series of correspondences. About some of the latest correspondences the statement has been made in paragraph 20 of the said counter, affidavit and true copies of the letters issued by the Corporation are annexed as Annexures E and F to the counter affidavit.

In view of the stand taken by the Corporation. I am constrained to observe that the situation prevailing in the Corporation as well as the State Government is really unfortunate. The work are being taken from the employees whereas they have been kept deprived of the payment of their lawful dues for now long about 1 � years in my opinion, the plea taken by the Corporation regarding non-availability of the fund for non-payment of the lawful dues to its employees cannot be accepted and their inaction in this regard is highly condemnable. The State Government also deserves strictures as nobody has bothered to even respond and place facts before this Court as to why the funds have not been released by them to the Corporation so that the lawful dues are paid to its employees. If at all however, there is no liability of the State Government, then at least they should have filed an affidavit in that regard for which also nobody has bothered to apprise this Court by filing any affidavit. I am unable to appreciate the attitude that is prevailing in the State Government and its authorities whose action deserves to be condemned.

Be that as may, in the facts and circumstances aforementioned, I direct the Respondents No. 1, 2 and 5 to forthwith release the fund, if there is any liability of the State for the same, to the Corporation, so that the lawful dues payable to the employees of the Corporation are made. Further, the Respondents No. 3 and 4 are also directed to make all the lawful dues payable to the employees of the Corporation within one month from today. I may mention here that this order is being passed in presence of the learned Counsel appearing for the Corporation as well as the State Counsel who shall communicate about the same to their respective clients.

With the aforementioned observations and directions, the writ application is disposed of.