IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10507 of 2005 SURYADEO SHARMA Versus THE BIHAR STATE ELECTRICITY BOARD &ORS. ----------- For the Petitioner : Mr.Ashok Kumar, Advocate For Respondent Nos. 1 to 4: M/s. S.K.Verma and Vinay Kriti Singh, Advocates ----------- 4 22.7.2008 Heard learned counsel for the parties. Vide order dated 8.4.1994 after a basic enquiry of illegal occupation of Board’s quarter the order in question came to be passed. The order is contained in annexure-3 and the name of the petitioner figures in the said list at serial no. 14. By virtue of this order it is stated that the enquiry officer has found that large number of employees including the petitioner to be in illegal occupation of the residence and for which punishment for imposition of penal rent for the period when the petitioner was in occupation of the same with a warning was issued to all. But a direction was issued that they be allowed payment of salary etc. for the period of suspension. From perusal of annexures 4 and 5 it seems that dispute was raised before the Deputy Labour Commissioner but since nothing came out of the step taken by him. A recommendation was made under section 12 (4) of the Industrial Dispute Act, 1947 for a reference. It seems that the matter did not proceed beyond the same. These are issues on which this Court cannot take cognizance because the statute provides process and procedure being a Special Act in this regard. - 2 - Learned counsel for the petitioner besides making his submission on the penal rent which has been imposed has also stated that despite order dated 8.4.2004 he has not been paid salary for the period of suspension. Since these are the matters of verification of accounts the petitioner is given liberty to stake his claim for due payment of salary for the period under suspension before the Secretary, Bihar State Electricity Board, respondent no.2, who shall after getting the matter verified will take steps for payment of salary, if it has not been paid earlier or adjusted in view of the fact that the petitioner has an obligation to pay penal rent in terms of the order. Petitioner would be informed of the outcome by way of communication within three months on filing of the claim. This writ application is accordingly disposed of with the above liberty and direction. RPS (Ajay Kumar Tripathi,J.)