IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17545 of 2010 BIHAR BHUDAN YAGGY COMMITTEE KARYKARTA SANGH,KADAM KUAN, P.S. KADAM KUAN, PATNA-3 AT PRESENT GARDANIBAGH, P.S. GARDANIBAGH, DISTT. PATNA- 2 A REGISTERED TRADE UNION BEARING REGISTRATION NO.2943 THROUGH ITS GENERAL SECRETARY. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENU AND LAND REFORMS, GOVERNMENT OF BIHAR, PATNA. 3. THE CHAIRMAN BIHAR BHUDAN YAGGY COMMITTEE, P.O. ANISABAD, P.S. GARDANIBAGH, ROAD NO.21, QUARTER NO.4, MOHALLA GARDANIBAGH, DISTT. PATNA. 4. THE LABOUR COMMISSIONER, LABOUR DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 5. THE DEPUTY LABOUR COMMISSIONER, PATNA DIVISION, SHRAM BHAWAN, BAILEY ROAD, PATNA-1. 6. PUBLIC INFORMATION OFFICER, BIHAR BHUDAN YAGGY COMMITTEE, GARDANIBAGH, ROAD NO.21, QUARTER NO.4, P.S. GARDANIBAGH, DISTT. PATNA. ----------- 02. 25.10.2010 Heard learned counsel for the petitioner and the counsel for the Bihar Bhudan Yagna Committee, Kadamkuan, Patna(hereinafter referred to as the Committee). 2. Petitioner is the registered union of the employees of the Committee. This writ application has been filed praying inter alia to direct the Committee to pay the arrears of salary to the members of the Union for the months of October, 2005 to March, 2006, October 2006 to March 2007, December 2008 to March 2009, October 2009 to March 2010 and current salary from March 2010 onwards. 2 3. It is submitted on behalf of the petitioner with reference to the averments made in paragraph-10 of the writ petition that the State Government has been releasing the amount for payment of salary and other expenses of the Committee from time to time but payment of arrears of salary to the employees of the Committee for the aforesaid period has not been released and representation for release of such payment is gathering dust in the office of the Committee. 4. Counsel for the Committee, on the other hand submitted that whatever amount has been released by the State Government has already been appropriated in meeting the expenses of the office as also for meeting the salary expenses to the extent it was sufficient for the purpose but remaining arrears have not been paid as the Government is not releasing the adequate grant, which is required to clear the entire arrears of the employees of the Committee. 5. As there is dispute about release of the quantum of amount which is sufficient or not to meet the salary and other expenses of the Committee, it is deemed expedient to direct the petitioner union to represent before the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna, respondent no.2 to consider the request of the petitioner 3 union for payment of arrears of salary. In the event, respondent no.2 is satisfied that the required fund which is necessary to meet the salary and other expenses of the Committee has already been released, he shall ask the Chairman/Secretary of the Committee as to why arrears of salary of the employees of the petitioner union for the aforesaid period was not released soon after the amount was made available to the Committee. In the event, respondent no.2 is of the opinion that the amount released is not sufficient to meet the salary and other expenses of the Committee, he shall take appropriate steps in the matter so as to provide necessary fund to the Committee to meet the salary and other expenses of the Committee. Necessary order in compliance of my order be passed by respondent no.2 as early as possible, in any case within two months from the date of receipt of the representation of the petitioner along with a copy of this order. 6. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)