NAWAL KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Considering any question in these two Letter Patent Appeals will be academic and nothing will come out of nothing even if the Court will to make any direction or upset the judgment which has been impugned by the present Letters Patent appeal. This is accepted by all parties whether the petitioner-appellant Nawal Kishore Singh (respondent No. 6 in the writ petition) or the respondent Jayant Kumar Lahiri (writ petitioner) or the Bihar State Sugar Corporation Limited, otherwise, the respondent Corporation.

(2.) The issue, raised in one of the appeals by the respondent Corporation that the Company had two cadres cannot be considered. The reason is two fold. Firstly, no foundation was laid on record that there existed two cadres to separate each unit as an establishment which was running the sugar mill or the head officer as an administrative unit. Secondly, even if the establishments exist between sugar mill and the head office a situation accepted by all the three parties, of the 19 sugar mills of the Bihar State Sugar Corporation all are defunct and are not running. It is also acknowledged that the Bihar State Sugar Corporation is a Government Company within the meaning of Section 617 of the Companies Act, 1956. The affairs of the Bihar State Sugar Corporation is in the dire state and in a mess. Bihar State Sugar Corporation has itself applied for liquidation of the Company. This is winding up petition No. 9 of 2001.

(3.) Thus, with the Company not functioning and in all probabilities is on the threshold of liquidation, the Court is not about to commit a mistake to create liabilities for this Company that nothing available from the corpus arrears of empoluments in issue be an additional liability.