IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8110 of 2010 LAL BIHARI THAKUR SON OF LATE RAMJI THAKUR, RESIDENT OF VILLAGE – GOSAI TOL, P.S. BAJNAGAR, DISTRICT MADHUBANI. Versus 1. BIHAR STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD. REPRESENTED THROUGH ITS MANAGING DIRECTOR, RESPONDENT NO. 3, INDIRA BHAWAN, RAM CHARITRA SINGH PATH, BAILEY ROAD, PATNA. 2. THE BOARD OF DIRECTORS, BSIDC LTD. PATNA REPRESENTED THROUGH THE RESPONDENT NO. 3. 3. THE MANAGING DIRECTOR, BIHAR STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD. INDIRA BHAWAN, RAM CHARITRA SINGH PATH, BAILEY ROAD, PATNA. ----------- 02. 07.05.2010 Heard learned counsel for the petitioner and the respondent – Corporation. Petitioner is aggrieved by order contained in Memo No. 392 of 2007 dated 28th of August 2009 whereby the representation of the petitioner was disposed of stating to the effect that the unpaid claims of the petitioner on account of gratuity shall be paid at the earliest. However, as per the financial decision taken by the Corporation with respect to the payment of retiral dues including the gratuity of the retired employees, twenty percent of the entire income of the Corporation has been reserved and the payments are being made in accordance with law on the basis of seniority of the concerned employees. The petitioner shall also receive the dues amount on its own turn. Learned counsel for the petitioner submits 2 that the aforesaid financial decision taken by the Corporation that only 20 percent amount has been reserved is not justified and as such, Corporation deserves to be directed to make the payment in the shortest time and not more than two months. Learned counsel for the respondent – Corporation submits that the Corporation taking into consideration all its resources has taken this financial decision for reserving twenty percent of its entire income for payment of the retiral dues including gratuity, however, the said decision is subject to review depending upon the further receipt of income for which endeavors are being made by the corporation and as such, depending upon the receipt of income the financial decision would again be taken with regard to reserving more percent of income towards the payment of retiral dues and as such, the corporation is serious with regard to the payment of the dues to the petitioner, however, no exact date could be given for payment of the dues. Considering the submission of the parties and also on perusal of the order contained in Annexure-1, this court finds that the corporation has taken financial decision with regard to the payment of retiral dues considering the total income of the 3 Corporation and also considering the submission that the aforesaid decision would be subject to review depending upon the further receipt of income from various resources and as such the order contained in Annexure-1 needs no interference. It goes without saying that the corporation shall make all efforts to see that retiral dues are paid at the earliest. The writ application stands disposed of. Jagdish ( Shailesh Kumar Sinha, J)