- (1.) HON 'ble Supreme Court as back as on 9th August, 2010 directed this Court to consider the orders passed by the Supreme Court giving appropriate directions from time to time in the cases and further directed this Court to consider making interim payment to the affected persons including medical treatment amount. Admittedly not a single penny has been paid by the B.S.I.D.C to the employees after making payment of Rs.50 crores as submitted by the learned counsel for B.S.I.D.C, which has been paid admittedly in the year 200304. This Court also tried to make B.S.I.D.C understand as to how urgent the need of the payment. The petitioner has submitted a claim of Rs.105 crores plus. Learned counsel for B.S.I.D.C submits that the State of Jharkhand is creating hurdle in making payment. It is also submitted that they do not have liquid money for payment to the employees. It is also relevant to mention here that there are two more writ petitions, being W.P (C) Nos.2597 & 2619 of 2012, wherein dispute with respect to attachment of properties of B.S.I.D.C is under consideration. This Court, vide order dated 28th August, 2012, directed B.S.I.D.C to give particulars of its properties and details of their funds lying anywhere so that if the Court reaches to conclusion for order of payment of wages and salaries or other dues of the employees, effective order may be passed by the Court after hearing both the parties.
(2.) LEARNED counsel for B.S.I.D.C submits that B.S.I.D.C has no liquid money. B.S.I.D.C is still a running organization having 100% shares of the Bihar State Government. In view of the above reasons, it is a Bihar State owned Corporation and the liability of the Corporation towards its employees is required to be met without any further hurdle and therefore, B.S.I.D.C is directed to deposit Rs.75 crores with this Court by 3rd December, 2012 so as to avoid delay in payment of wages and salaries of the employees on one pretext or another by B.S.I.D.C. If the B.S.I.D.C has no liquid money, they may forthwith start selling of their properties, which they can sell and in case, they are not in a position to pay wages and salaries to the poor employees, this Court may consider stoppage of payment of salaries of high ranking Officers of B.S.I.D.C as they can also survive without salary much better than the poor employees. We are making it clear that orders/directions of Hon'ble Supreme Court are required to be given effect to meaningfully and purposefully and remaining silent over the orders/directions of Hon'ble Supreme Court also amounts to willful disobedience of the orders/directions of Hon'ble Supreme Court. Every High Court is supposed to fulfill and achieve the purpose of the orders/directions issued by Hon'ble Supreme Court. Therefore, in case of noncompliance of this order, this Court may register a separate contempt petition against the responsible officers of B.S.I.D.C. We also make it clear that we have passed order for depositing Rs.75 crores with this Court against the claim of Rs.105 crores plus as raised by the writ petitioner. This order is necessary in view of the substantial claim to the extent of Rs.105 crores plus, which is, at present, not in dispute even according to the B.S.I.D.C. Even if any permission of the State of Bihar is required, it is the duty of B.S.I.D.C, who cannot shirk its responsibility on the plea that obtaining permission of the State of Bihar is necessary. We further make it clear that for giving effect to the directions of Hon'ble Supreme Court, State of Bihar is also equally responsible and appropriate order may also be passed for initiation of contempt proceeding against the Secretary and Chief Secretary, State of Bihar, looking to the gravity of the issue.
(3.) WE are ordering that any pretext of interState dispute under the Bihar ReOrganization Act, 2000 shall not be available to B.S.I.D.C for the purpose of avoiding payment of admitted liabilities of its employees and under the Act of 2000 itself, there is a provision of apportionment and reapportionment, which is the provision made so that because of such type of pretext, poor persons should not be made to suffer and mighty States can fight out the claims against each other but not at the cost of poor employees. Put up this case on 3rd December, 2012. Copies of this order be given to the learned counsel for the petitioner, State of Jharkhand and Bihar and for the B.S.I.D.C.;