IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.548 of 2011 BIHAR STATE SMALL INDUSTRIES CORPORATION LTD through its Managing Director Umesh Kumar Singh son of Narsingh Narayan Singh, resident of Mohalla Mahatma Gandhi Nagar Kanti Factory Road, Kankarbag, P.S. Kankarbag, Distt- Patna, Indira Bhawan, 3rd Floor Ram Charita Singh Patha, Boring Canal Road West, Patna Versus 1. THE STATE OF BIHAR 2. The Industrial Development Commissioner Department of Industries, Govt. of Bihar, Patna 3. The Secretary, Department of Industries Govt. of Bihar, Patna 4. The Director of Industries, Department of Industries, Govt. of Bihar, Patna 5. The Additional Director, of Industries, Department of Industries, Govt. of Bihar, Patna 6. The Finance Commissioner, Department of Finance, Govt. of Bihar, Patna 7. The Chairman, Bureau of Public Enterprises, Department of Finance, Govt. of Bihar, Patna … Respondents-Respondents 8. Bihar State Small Industries Corporation Employees Association Patna through the General Secretary Sri Bam Bhadur Singh son of Sri Chunchun Singh Resident of Mohall-Rajiv Nagar (North) P.O.-and P.S.-Digha, Distt, Patna .. Petitioner -Respondents ----------- 2/- 30.03.2011 Heard. For the reasons mentioned in the application for limitation the delay in filing of this appeal is condoned. The present appeal is preferred against the order dated 26.10.2010 passed in C.W.J.C. No. 2737 of 1997. The main grievance of the petitioner, which is the association of the employees of the Corporation is that the 2 respondents have not paid salaries to the members of the Association irrespective of the orders passed by the Apex Court on 09.05.2003 in the case of Kapila Hingorani vs. the State of Bihar reported in 2003(3) PLJR 17 (S.C.) wherein the Hon’ble Supreme Court directed the State of Bihar to release Rs. 50 crores for disbursement of salary to the employees of the Corporation and other Public Sector Undertaking suffering paucity of fund. In the counter filed before the learned Single Judge, the appellant Corporation has pointed out that the arrears of salary of the members of the petitioner-Association is not being released as there is paucity of fund. The Corporation is also not making the payment of retiral dues to the retired employees and salary to the serving employees. It is further stated that the Corporation has requested the Commissioner and Secretary, Govt. of Bihar to grant loan to the Corporation so as to enable the Corporation to revive the same and pay salary including arrears to its employees. They have 3 expressed their inability to make the payments till such funds are made available by the Government. The learned Single Judge having gone into the facts of the case and also having perused the order of the Apex Court passed in the case of Kapila Hingorani (supra) (paragraphs 14, 16 17 and 71) has observed that the salaries have to be paid, having taken note of the law laid down in the said paragraph of the order passed by the Apex Court. Learned Single Judge also directed the members of the Association to represent their cases before the Managing Director of the Corporation along with a copy of the order passed by the learned Single Judge for payment of current as also arrears of salary and such representation should be considered and disposed of as early as possible and in any case, within a period of two months from the date of its receipt of such representation. Learned counsel for the appellant contended that the Corporation has no funds. But in view of the fact that the Hon’ble Supreme Court has already directed 4 the State of Bihar in its judgment Kapila Hingorani (supra) to release Rs. 50 crores for disbursement of salary to the employees of the Corporation and other Public Sector Undertaking suffering paucity of fund, we are of the opinion that as the learned Singled Judge has directed the members of the Association to represent their cases before the Managing Director of the Corporation as such order of the learned Single Judge needs no interference. Accordingly, the L.P.A. is dismissed. Ashwini/- (T. Meena Kumari, J.) (Akhilesh Chandra, J.)