HARIHAR YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) OFFICERS of JHALCO are directed to give statement on oath that whether the amount of Rs. 5.42 crores given by the State Government to the JHALCO obviously for making payment to the employees who are strictly beneficiary under the judgment dated 16th June, 2011 have been paid to those employees or that amount has been paid to other employees.

(2.) LEARNED counsel for petitioner appears to quite right in submitting that when none of the employees has been absorbed despite this Court direction, then how they have paid only amount to the beneficiary of the judgment dated 11th June, 2011 passed in L.P.A. Nos. 77 and 79 of 2009. It appears from the order passed by the Hon'ble Supreme Court in S.L.P. No. 30291 of 2011 dated 6th "State of Jharkhand had pointed out August, 2012 that that an amount of Rs. 6 crores had been earmarked for payment of wages to the employees, who had been absorbed by JHALCO and the said amount amount shall be disbursed to them within within four weeks from the date of said order." The Hon'ble Supreme Court then clearly ordered that if the State of Jharkhand fails to honour the aforesaid commitment, recorded in order dated 30th July, 2012, the interim order dated 14th November, 2011 shall stand vacated. Therefore, the amount of Rs. 6 crores was earmarked for payment of wages to the employees who had been absorbed by JHALCO and obviously those who are required to be absorbed and has been absorbed in view of judgment dated 16th June, 2011 passed in L.P.A. Nos. 77 and 79 of 2009. Prima facie. it appears that if any amount out of this 6 crores has been paid to any already absorbed employee and who are not beneficiary of the judgment dated 16th June, 2011 then this is absolutely mis-utilization of fund and this fact has already been taken note of by this Court in earlier order dated 26th November, 2012 after hearing learned counsel for the JHALCO also. Therefore, the State also has a duty to see whether their fund has been properly utilized for payment of the beneficiary of the judgment dated 16th June, 2011 in L.P.A. Nos. 77 and 79 of 2009 and find out whether that fund has been misulitized.

(3.) LEARNED counsel for the JHALCO and petitioner may file reply to the Interlocutory Application by or before 7th January, 2013. Copy of this order be given to all the parties.