DEVENDRA KUMAR SINGH Vs. ADMINISTRATOR BIHAR COOP MKT UN LTD
LAWS(SC)-2006-4-71
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on April 25,2006

DEVENDRA KUMAR SINGH Appellant
VERSUS
ADMINISTRATOR, BIHAR CO-OP. MKT. UN. LTD Respondents


Referred Judgements :-

KAPILA HINGORANI VS. STATE OF BIHAR [REFERRED TO]
MANIKANT PATHAK VS. STATE OF BIHAR [REFERRED TO]



Cited Judgements :-

B C S GOWD VS. UNION OF INDIA [LAWS(KAR)-2016-7-191] [REFERRED]


JUDGEMENT

S. B. Sinha- - (1.)The Appellant herein is an employee of the Bihar State Co-operative Marketing Union Limited (for short BISCOMAUN"). He had not been paid his salary from the month of January, 1996. He filed a writ petition before the Patna High Court. No dispute was raised as regard his legal right to receive salary or the quantum thereof. On the aforementioned premise, a learned Single Judge of the High Court by an order dated 27-9-2000 while directing payment of salary to the Appellant herein observed :
"This Court is constrained to note here that admittedly the respondents are not in a position to pay even salary to the employees since October, 1995. Such institution/ organization must not exist. In my opinion, all such institutions/ organizations must be immediately closed down by resorting to winding up proceeding in the light of the Full Bench decision of this Court in the case of Mani Kant Pathak and others vs. the State of Bihar, reported in 1997(1) PLJR 664.

However in the counter affidavit, it is not even indicated that any such step has been taken, so far. Accordingly, this writ petition is allowed with cost of Rs. 2000/- to be paid by the Head of the Organisation, namely, the Administrator from his pocket to the petitioner with all his dues within two weeks from the date of receipt of communication of this order, failing which he shall not draw his salary and other allowances till the order is complied."

(2.)BISCOMAUN preferred a Letters Patent Appeal thereagainst. A Division Bench of the High Court by an order dated 19-7-2001 set aside the said judgment and order of the learned Single Judge holding :
"The BISCOMAUN is running in loss. It has no fund even to meet day-to-day expenses and the salary is not being paid to its employees. Even the Administrator has been appointed on part time basis. The fact that whether the State Government will take necessary steps for winding up of the said Society or not, it is for them to decide and on that ground direction cannot be made for payment of salary to respondent No.1 because it is an admitted position that no fund is available to the BISCOMAUN. Therefore, no futile writ can be issued and thus the direction issued by the learned Single Judge for payment of salary and the cost awarded to the Administrator is set aside. However, it is made clear that as and when the fund will be available, the salary of the respondent along with other employees shall be paid."

(3.)The Appellant is, thus, before us.
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