BRAJ KISHORE PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioners, the State and the Bihar State Co-operative Marketing Union Limited (hereinafter referred to as "BISCOMAUN").

(2.) The aforesaid two contempt applications have been filed asserting that BISCOMAUN has failed to comply the general directions of this Court to pay the admitted retiral dues of the petitioners as directed under order dated 16.8.2004 passed in C.W.J.C.Nos. 9323 of 2004 and 9237 of 2004. Annexure-1 in M.J.C.No. 3055 of 2005. The aforesaid writ petitions have been filed for a direction to the authorities of the BISCOMAUN to pay the retiral dues of the petitioners who served the BISCOMAUN to the best of their ability and superannuated from the service of the BISCOMAUN on different dates indicated in the writ petitions.

(3.) The authorities of the BISCOMAUN have not disputed the claim of the petitioners about their entitlement for payment of the retiral dues. They, however, contend that presently BISCOMAUN is facing acute financial crisis and even salaries to its regular employees is not being paid on regular basis for the last nine years. From the meagre income available with BISCOMAUN retiral dues are paid in chronological order of seniority as per availability of funds and petitioners should wait for their tern for payment of their retiral dues as petitioner Braj Kishore Prasad superannuated on 31.1.2004 whereas more than hundred employees superannuated earlier to him and unless they are paid, it would not be advisable to release payment in favour of the petitioners. It is further stated that no sooner the dues of Rs. 40 crore with the Agriculture Department of the State Government is cleared by the State Government there shall be no difficulty in releasing the retiral dues of the petitioners and others.