BIHAR STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD. MACHARI MAHASANGH Vs. STATE OF JHARKHAND
LAWS(JHAR)-2013-10-75
HIGH COURT OF JHARKHAND
Decided on October 22,2013

Bihar State Industrial Development Corporation Ltd. Machari Mahasangh Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

D.N. Patel, J. - (1.) Learned counsel appearing for the petitioner submitted that despite the order passed by this Court dated 29th October 2012, the amount directed by this Court has not been deposited by the respondent nos. 5 to 10. These are the dues of the Workmen of the respondent nos. 5 to 10. They have actually worked for a sizable number of days, but they are not paid wages. The Hon'ble Supreme Court has directed this Court to treat this petition as a Public Interest Litigation. The detailed speaking order has been passed on 29th October 2012, but no amount has been deposited till today by the respondent nos. 5 to 10 before this Court. As per direction dated 29th October 2012, Rupees Seventy Five crores was ordered to be deposited on or before 3rd December 2012.
(2.) It is submitted by the learned counsel for the respondent nos. 5 to 10 that it is true that the workers of respondent nos. 5 to 10 have worked and their salaries/wages are yet to be paid, but the respondent nos. 5 to 10 have no liquid/hard cash. They are having some immovable property which is to be auctioned by the Bihar State Industrial Development Corporation (B.S.I.D.C) which is wholly owned, managed, controlled and financed by the State of Bihar and it is, in fact, the instrument of the State of Bihar.
(3.) Looking to the facts and circumstances of the case, it appears that this Company is nothing but working like the department of the State of Bihar which is evident after lifting of veil of this corporate personality wherein the State of Bihar is itself is having 100% share. It also appears that the high ranking officer of this instrumentality of the State of Bihar has not taken any care for the compliance of the order of this Court dated 29th October, 2012 which is pertaining to deposit of Rs. Seventy Five Crores on or before 3rd December, 2012. Had prompt action been taken by the high ranking officers of Bihar State Industrial Development Corporation, some dues of the workers would have been paid. The workers of the Bihar State Industrial Development Corporation (B.S.I.D.C) have not got their wages since many years and they are eagerly waiting for the wages to be paid. They are moving from pillar to post and this matter has been ordered to be treated as Public Interest Litigation by the Hon'ble Supreme Court of India.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.