Patna High Court - Orders
Bihar State Co- Operative Marketing vs Central Board Of Trustees on 24 June, 2019
Author: Shivaji Pandey
Bench: Shivaji Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12393 of 2019
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Bihar State Co-operative Marketing Union Ltd. in short BISCOMAUN (Bihar
& Jharkhand), having its office at BISCOMAUN Bhawan, West Gandhi
Maidan, PS-Gandhi Maidan, Patna-800001, Town and District-Patna through
its Managing Director.
... ... Petitioner/s
Versus
Central Board of Trustees through its Chairman, Ministry of Labour &
Employment, Govt. of India, Shram Shakti Bhawan, Rafi Marg, New Delhi-
110001.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Y.V. Giri, Sr. Adv.
Mr. Ashish Giri, Adv.
For the UOI : Mr. Kanak Verma, CGC
For the EPFO : Mr. Rajiv Kumar Verma, Sr. Adv.
Mr. Prashant Sinha, Adv.
For the State : Mr. Syed Iqbal Ahmad, SC-20
Mr. Mahtab Alam, AC to SC-20
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
2 24-06-2019Heard learned counsel for the petitioner and the learned counsel for the E.P.F.O. as well as State.
In the present case, the petitioner has confined his prayer to make 72 instalment for payment of outstanding dues which has not been paid by the petitioner organisation and on that account, the E.P.F.O. attached the account and directed all the renters of petitioner to make payment respective rent straightway to the E.P.F.O. in order to liquidate the outstanding dues.
The counsel for the E.P.F.O. submits that the amount proposal is unilateral declaration subject to audit of books of Patna High Court CWJC No.12393 of 2019(2) dt.24-06-2019 2/2 account, which may show higher side. The audit of the Trust has not been made, on that account, it is very difficult to know the exact amount of outstanding dues against the petitioner organisation, however declaration of about Rs.200000000/- (twenty crores) has been made by the petitioner organisation so it will be subject to the final audit will be made by the auditor has already been appointed, as has been informed by the senior counsel of the E.P.F.O. The learned counsel for the petitioner submits that the attachment of bank account should be released so that they may be able to make payment of salary as well as necessary expenses such as electric bill as well as statutory taxes.
The learned counsel for the E.P.F.O. submits that he will file a counter affidavit within ten days.
Let this case be listed after ten days at the top as a first case in the group of Industrial Disputes Act.
In the meantime, the E.P.F.O. will also give reply as to whether they are agreeable for taking the outstanding dues of Rs.200000000/-(twenty crores) by way of 72 instalment or not ?
(Shivaji Pandey, J) Mahesh/-
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