IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13316 of 2007 NAYAN KUMAR, Son of Lalan Prasad Sharma, resident of Village- Abgil, P.S. Korma, District- Sheikhpura............................Petitioner. Versus 1. The Chairman, Bihar Co-operative Federation Limited, Budh Marg, Patna. 2. The Secretary, Department of Co-operative Federation Limited, Budh Marg, Patna. 3. The Managing Director, Co-operative Federation Limited, Budh Marg, Patna. 4. The State of Bihar through its Secretary, Co-operative Department, Government of Bihar, Patna. 5. The Secretary, Department of Co-operative, Govt. of Bihar, Patna. 6. The Registrar, Department of Co-operative, Govt. of Bihar, Patna. .......Respondents. ----------- 05. 17.12.2009. Heard Mr. Pramod Kumar, learned counsel appearing on behalf of the petitioner, Mr. Shashi Shekhar Prasad Sinha, learned Assisting Counsel to G.P. IX and Mr. S. P. Tripathi, learned counsel representing the Co-operative Federation. The petitioner filed this writ petition for a direction to the respondent-Federation to make payment of his death-cum- retiral dues admissible to late mother of the petitioner together with arrears of salary and admissible interest. It was stated that the mother of the petitioner died in harness on 10.04.2004 while serving on the post of Ladies Organizer under the Bihar Co- operative Federation Limited, Patna. A counter-affidavit was filed on behalf of the respondent-Federation and in which it was stated that the State Government vide its Notification dated 08.03.1991 had made it mandatory for the Co-operative Societies of the State of Bihar to pay levy at the rate of 2.5% of the net profit to the Federation. It 2 was further stated that by the said Gazette it was further made mandatory for the Co-operative Societies to get themselves affiliated with the Federation, copy of the said Notification has been placed at Annexure-A to the counter-affidavit. It was submitted that the Federation has two sources of income, namely, the grants received from the State Government and the levy to be paid by the profit making the Co-operative Societies. It is thereafter stated that neither any income has come to the coffer of the Federation since last several years from the Co- operative Societies nor the State Government has been providing the required grants since after the Financial Year 1993-94. Learned counsel appearing on behalf of the Federation with reference to a Chart placed at Annexure-C of the counter-affidavit points out that there is an outstanding of almost to a tune of Rs. 6, 85, 54,007/- against the Co-operative Societies including the Bihar State Co-operative Bank Limited and other Co-operative Banks and in absence whereof these liabilities are not being discharged by the Federation. It is in this background that this Court by order dated 05.10.2009 had permitted the petitioner to add the State of Bihar through the Secretary, Department of Co-operative and the Registrar of the Co-operative Department as respondents to the present proceedings. Despite thereafter the matter being taken on 03.11.2009 and today, the State counsel shows his helplessness in assisting the court submitting that in spite of communication made to the concerned authorities, no instructions have been 3 received. In the circumstances no fruitful purpose would be served in keeping this writ petition pending as the answer lies with the Department of Co-operative under the Government of Bihar especially in view of difficulties posed by the Federation and which primarily emanates by reason of the failure of the Co- operative Societies in discharging their responsibilities of deposit of the levy to enable the Federation to discharge its financial obligation. It is also not clear as to the reasons why the grants which were earlier being provided by the State Government have been stopped since after 1993-94. In the circumstances, this writ petition is disposed of with liberty to the petitioner, if so advised to file his claim before the Registrar, Co-operative Department or under any other labour laws of the land and who shall after notice to the petitioner, the Bihar Co-operative Federation Limited and any other necessary party, decide the claim of the petitioner within a period of three months from the date of receipt/production of a copy of this order and take all necessary steps for redressal of the grievance of the petitioner. The writ petition is disposed of with the directions above. U.K. (Jyoti Saran,J)