IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 8961 of 2008 Ishrat Jaha Ara, wife of late Md Nayim Khan, resident of village – Jabbar Chak, PO – Tatarpur, PS + Dist – Bhagalpur - Petitioner Versus 1 The State of Bihar 2 Principal Secretary, Labour Employment and Training Department, Government of Bihar, Patna 3 Labour Commissioner, Government of Bihar, Patna 4 Deputy Labour Commissioner, Bhagalpur, Government of Bihar 5 The State of Jharkhand through the Principal Secretary, Labour Employment and Training Department, Government of Jharkhand, Ranchi 6 Deputy Labour Commissioner, Dumka, Government of Jharkhand - Respondents ----------- 2 06.01.2009 The petitioner has been declared to be the only legal widow of late Md Nayim Khan who died in harness on 18.05.1999. This is a declaration in form of judgment dated 24.04.2007 passed in Title Suit No 476 of 2000 by Sub Judge II, Patna. She claims retrial dues appertaining to her late husband who was a Clerk in the office of the Deputy Labour Commissioner, Dumka at the time of his death in service. State of Bihar has filed a counter affidavit where the claim of the petitioner is not disputed rather admitted but in the counter affidavit, a stand has been taken that as he had died while in service at Dumka, which now falls within the State of Jharkhand, it is the liability of the State of Jharkhand to pay the retrial dues. Learned counsel for the State of Jharkhand draws attention of this Court to a judgment of this Court in the case of Mithlesh Kumar Singh @ Molan Singh -Versus- State of Bihar & Others since reported in 2006 (1) PLJR 420 wherein, after noticing the provisions of Section 53 read with the provisions of the 8th schedule of the Bihar Reorganization Act 2000, this Court has clearly 2 held that in relation to employees dying or superannuating, whose claims were not settled before the reorganization of the State, the liability would fall on the State of Bihar. Thus, the stand taken by the State of Bihar in its counter affidavit cannot be accepted. As there is now no dispute as to the liability of the State of Bihar to pay and the right of the petitioner to receive the retirement benefits, it is directed that the respondent-Labour Commissioner, Government of Bihar, Patna would ensure payment of all retrial dues and other dues of late Md Nayim Khan to be calculated and paid to the petitioner within one month from the date of production of a copy of this order before the respondent-Labour Commissioner aforesaid. In case it is not so paid then the same shall be payable alongwith interest of 6%, apart from whatever liability of statutory interest, is to be paid. It is expected that the State of Jharkhand would cooperate in any papers or documents required and the petitioner would not be made to suffer on this count. The writ petition is, accordingly, disposed of. M.E.H./ (Navaniti Prasad Singh)