IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.379 of 2007 MOHIT PRASAD SINGH, SON OF LATE PRASADI SINGH, RESIDENT OF MOHALLA NOORPUR, P.S. NATH NAGAR, DISTRICT BHAGALPUR, AT PRESENT C/O LAXMI NARAIN SINGH, RESIDENT OF MOHALLA RAMPUR ROAD, MUSHALLAMPUR HAT, P.O. MAHENDRU, PATNA-6. Versus 1. THE STATE OF BIHAR 2. MR. A.K. CHOUDHARY, CHIEF SECRETARY, GENERAL, BIHAR, PATNA. 3. MR. B.B. SRIVASTAVA, THE THEN REGISTRAR, COOPERATIVE SOCIETIES, GOVERNMENT OF BIHAR, PATNA. 4. MR. SUNIL SINGH, CHAIRMAN, BIHAR STATE COOPERATIVE MARKETING UNION LIMITED (BISCOMAUN), PATNA. 5. MR. SURAJDEO MAHTO, MANAGING DIRECTOR, BIHAR STATE COOPERATIVE MARKETING UNION LIMITED(BISCOMAUN), PATNA. For the petitioner : Mr. Shanti Kumar, Advocate. For the BISCOMAUN : M/s. Jitendra Singh, Sr. Adv., Rajesh Prasad Choudhary, Advocate. ---------------- 18. 29.11.2011 Heard learned counsel for the petitioner and the Bihar State Cooperative Marketing Union Ltd. (hereinafter referred to as the BISCOMAUN). 2. This contempt petition has been filed asserting non-compliance of the order dated 3.5.2006 passed in M.J.C. No.382 of 2005 and other analogous matters including C.W.J.C. No.10328 of 2004 filed by the petitioner herein directing the authorities of the BISCOMAUN in the light of the order of the Hon’ble Supreme Court passed in the case of Devendra Kumar Singh referred to in the said order to pay the petitioner legally admitted salary dues. 3. It is agreed by the counsel for the parties that in the case of the petitioner BISCOMAUN authorities themselves have passed order dated 17.12.2005 directing payment of arrears of salary to the petitioner in the light of 2 the award dated 10.09.1997 passed by the Labour Court, Bhagalpur in Case No. 17/1988 with effect from 2.3.1987 the date of his removal. It is submitted by the counsel for the BISCOMAUN that in the light of the liberty granted by this Court under order dated 12.12.2005 passed in the said writ case BISCOMAUN has challenged award dated 10.09.1997 by filing C.W.J.C. No.12786 of 2006 in which notices have been issued to the petitioner under order dated 7.7.2011, from perusal of order dated 7.7.2011 it, however, does not appear that either the award dated 10.09.1997 or the order dated 17.12.2005 has been stayed by the High Court. 4. This Court during hearing of the said writ case while passing order dated 2.1.2006 noticed the order dated 17.12.2005 passed by the BISCOMAUN authorities in which they had undertaken to make payment of salary to the petitioner with effect from 2.3.1987 and having noticed the said order directed the BISCOMAUN to come out with a time schedule during which the entire arrears in terms of the order dated 17.12.2005 shall be paid to the petitioner. BISCOMAUN could not come out with a time schedule and this Court disposed of the said writ petition under order dated 3.5.2006 directing the BISCOMAUN to pay the legally admitted dues of the petitioner. Till date petitioner has not been paid his legally admitted dues in the light of the order dated 17.12.2005, may be on account of filing of the subsequent writ petition bearing C.W.J.C. No. 12786/06 by the BISCOMAUN challenging the award dated 10.09.1997. 3 In the subsequent writ petition the High Court has not stayed either the award dated 10.09.1997 or the order dated 17.12.2005, in my opinion, BISCOMAUN has no escape but to pay the admitted salary dues to the petitioner in the light of the order dated 17.12.2005. 5. It is submitted by the counsel for the BISCOMAUN that in the light of the order of the Division Bench there cannot be any specific time frame for payment of the salary amount as the Division Bench has categorically stated that as and when fund is available the legally admitted dues of the petitioner shall be paid as per seriatim drawn by the BISCOMAUN, Annexure-A to the show cause dated 3.8.2011 filed by the Managing Director, BISCOMAUN. Petitioner, however, is directed to receive the amount after furnishing undertaking that he shall receive payment in compliance of order dated 17.12.2005 subject to the result of C.W.J.C. No.12786 of 2006 and shall refund the amount received if such direction is given in the order disposing of C.W.J.C. No. 12786 of 2006. 6. The contempt petition, is accordingly, disposed of. Counsel for the petitioner is directed to receive the cheque amounting to Rs.14094/- as his group insurance amount for which counsel for the petitioner should grant receipt in the margin of the order sheet. Petitioner is also at liberty to challenge the quantum of group insurance amount, if he is aggrieved by the same. Rajesh/ ( V. N. Sinha, J.)