STATE OF BIHAR Vs. ZILA PARISHAD KARAMCHARI SANGH

JUDGEMENT

(1.) The Zila Parishad Karamchari Sangh, Dhanbad (Respondent No. 1) is a registered society. It filed a writ petition, being C.W.J.C. No. 1969 of 1995 (R), before this Court seeking writ of mandamus/direction upon the respondents, primarily the Deputy Development Commissioner cum Chief Executive Officer, Zila Parishad, Dhanbad, and the Director, Panchayati Raj, Govt. of Bihar Patna, to pay arrears of salary from September, 1994 till date to the employees of the Dhanbad Zila Parishad (hereinafter referred to as the Zila Parishad) and continue to pay the salary from month to month as and when it falls due. There is also a prayer for writ/direction commanding the respondents to deposit the General Provident Fund amount, deducted from the salary of the employees of the Zila Parishad, in their respective accounts along with the contribution of the Zila Parishad with interest.

(2.) The Zila Parishad in its counter affidavit accepted its liability to pay the salary and to deposit the General Provident Fund amount, but expressed its inability to pay the same on account of paucity of fund. Its case is that it is not getting the grant, loan and its share of cess from the State Government on account of which the salary etc. could not be paid to the employee from 1994-95. The stand of the State Government on the other hand is that 30% grant upto the year 1994-95 has already been released in favour of the Zila Parishad. As regard the payment of the share of the Zila Parishad in the cess collected, it has been stated that the payment of the cess amount has been made as per budgetary allocation upto the year 1991-92.

(3.) The learned single Judge after considering the affidavits and the materials placed by the parties on the record disposed of the writ petition vide judgment dtd. 19/7/1996, the relevant part of which is reproduced below :-