(1.) THIS writ petition has been filed seeking direction upon the concerned respondents to pay salary dues with interest to the petitioner in accordance with the order of this Court dated 11.9.96 in CWJC No. 6280/94. From perusal of the said order, copy whereof is enclosed as Annexure 1, it appears that considering the grievance of the petitioner as to nonpayment of arrear salary this Court directed the -Managing Director (respondent -no. 2) to examine the grievance of the petitioner for payment of his salary for the period in question along with interest at the rate of 12 per cent. The Court observed, "If on examination it is found that petitioner for the relevant period has worked with the Bihar State Construction Corporation Ltd. necessary payment must be made within four weeks from the date of receipt/production of a copy of this order. ''
(2.) ACCORDING to the petitioner, pursuant to the above order of this Court, he is entitled to a sum of Rs. 2,21,414.60 vide calculation chart enclosed as Annexure 2 but a sum of Rs. 94,031.40 only has been paid to him. It may be mentioned here that a brief chart indicating the basis of the calculation has also been enclosed by the Bihar State Construction Corporation as Annexure 'A' to their affidavit. From the chart read with the relevant averment in the affidavit, it appears that on the basis of work done by the petitioner in the Corporation his arrear salary worked out to be Rs. 1,99,587.40. After deducting the amount of Rs. 59,455/ - already paid to the petitioner earlier, and the sum of Rs. 7540/ - and Rs. 37,521/ - deducted towards General Provident Fund contributions and Income Tax at source, the entitlement of the petitioner has been worked out to be Rs. 94,031.40.
(3.) NOW coming to the calculation chart enclosed by the petitioner, in fairness to the Corporation, it must be observed that the petitioner has not mentioned therein the amounts already paid to him and/or deducted towards General Provident Fund contribution or the Income Tax. An employer has no option but to make deduction under the Provident Fund Act as well as Income Tax Act. Thus I do not think that the calculation chart enclosed by the petitioner is complete and reliable.