AWADH KISHORE SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, who is admittedly an employee of the Bihar state Agro Industries Development Corporation Ltd. (hereinafter referred to as 'the corporation'), has filed the present writ application in a representative capacity as he claims to be the General Secretary of the corporation Karamchari Union. The prayer in the writ application is for issuance of an appropriate writ, order or direction commanding the respondents to refund the dearness allowance deducted from the salaries of the employees from 1. 1. 1979 to 28. 2. 1990, to pay the group saving general life insurance policy monthly premiums from 1990, the group gratuity premiums of L. I. C. from 1990 to up to date, the interim relief from 1 1. 1986 in place of 1. 1. 1988, the enhanced allowances of house rent from 1. 12. 1986 in place of 30. 6. 1992 and further arrears on the basis of the 5th Pay Revision from 1. 3. 1989 in place of 30. 11. 1990 and the dearness allowance from july, 1991 instead of April, 1992 which, according to the petitioner, have been arbitrarily withheld by the Corporation despite repeated requests made through representation by the union as well as by individual employees of the Corporation.

(2.) IN a petition for grant of interim relief filed on 3 8. 1993 on behalf of the petitioner it is stated that due to non-payment of salary and other emoluments due to the employees of the Corporation they have not been able to discharge their obligations towards their family members so much so that they are not in a position to extend medical rare in case of illness of anybody in their family and/or to impart proper education to their childern. It is also stated in the said petition that Rajendra Prasad and Ramsuchin Mandal died without proper medical care in the absence of the availability of fund due to non-payment of the due amount payable to them by the corporation. It is also stated that the wife of peyare Dubey. one of the employees of the corporation, also died without proper medical care due to the same reason Lastly, when they failed in their attempts to get the aforementioned grievances redressed by the Corporation, the present writ application wrts filed by. the petitioner.

(3.) A counter afiidavit has been filed on behalf of the Chairman and the Managing director of the Corporation No counter affidavit has been filed on behalf of the State even though the State Govt. as well as the agriculture Production Commissioner and the Finance Commissioner are party respondents 1. 2 and 5. respectively, despite writing of letter by the State Counsel, as stated by the learned J. C. to Government Advocate, on 28th november, 1992.