Patna High Court - Orders
The M.D.,Biscomaun &Amp; Ors vs Most.Sushila Devi on 27 October, 2010
Bench: Chief Justice, Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
LETTERS PATENT APPEAL No.1599 of 2010
IN
CIVIL WRIT JURISDICTION CASE No. 9006 of 2009
WITH
INTERLOCUTORY APPLICATION No. 8946 of 2010
WITH
INTERLOCUTORY APPLICATION No. 8947 of 2010
IN
LETTERS PATENT APPEAL No.1599 of 2010
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THE MANAGING DIRECTOR, BISCOMAUN & ORS
Versus
MOST.SUSHILA DEVI
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Appearance :
For the Appellant : Mr. P.K.Shahi, Senior Advocate with
Mr. Vikas Kumar, ADvocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
2. 27.10.2010. Letters Patent Appeal No. 1599 of 2010:-
Learned Advocate General Mr. P.K.Shahi appears for the appellant-Bihar State Cooperative Agriculture Marketing Union. The appellants have assailed the judgment and order dated 13th July 2010 passed by the learned single Judge in above C.W.J.C. No. 9006 of 2009.
The gravamen of the argument is that the appellant is a „society‟ registered under the Bihar Co- operative Societies Act, 1935. It is not a „state‟ within the meaning of Article 12 of the Constitution. The -2- appellant-society, therefore, is not amenable to the writ jurisdiction of this Court.
Mr. Shahi, however, candidly admits the liability of the appellant to pay the terminal dues of its servants. He has submitted that the society experiences financial crunch and is unable to pay the dues of its servants in one lumpsum. He has submitted that thus far the appellant has paid its dues to the retired servants pro- rata as and when the finance is available. Present respondent, therefore, need not be given priority in respect of the payment of her dues.
In spite of the above situation Mr. Shahi has agreed that the respondent-writ petitioner, the widow of the former servant of the appellant, will be paid the terminal dues of her deceased husband within ten days from today. For the dues of arrears of salary the appellant be allowed to make pro-rata payment along with other employees.
Interlocutory Application No. 8947 of 2010:-
Issue notice to the respondent on hearing and final disposal of the Letters Patent Appeal as well as the limitation application, to be made returnable on 1st December 2010. The notice will be served through Court process. Requisites will be filed within one week from today.
Interlocutory Application No. 8946 of 2010:-
Pending the appeal the direction issued by the learned single Judge to the Registrar, Co-operative -3- Societies, Bihar "to initiate proceeding for dissolution of the appellant-society" shall remain stayed.
This order is made on condition that the appellant society will pay a sum of Rs. Three lacs, being part of the amount of terminal dues, to the respondent Most. Sushila Devi, wife of Late Bimal Prasad Singh on or before 10th November 2010.
(R.M. Doshit, CJ) (Jyoti Saran, J) Pawan/-