Shambhu Sharan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17372 of 2017 =========================================================== Shambhu Sharan Singh, son of Late Mahima Sharan Singh, resident of 9/5, Kastura Path, North S.K. Puri, P.S.- S.K. Puri, District- Patna, presently Practicing as an Advocate in Patna High Court.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Chancellor, Universities of Bihar, Raj Bhavan, Patna

3. The Chief Secretary, Govt. of Bihar, Patna.

4. The Principal Secretary, Department of Finance, Govt. of Bihar, Patna.

5. The Principal Secretary, Labour Resources Department, Govt. of Bihar, Patna.

6. The Principal Secretary, Education Department, Govt. of Bihar, Patna.

7. The Principal Secretary, Health Department, Govt. of Bihar, Patna.

8. The Principal Secretary, Industries Department, Govt. of Bihar, Patna.

9. The Principal Secretary, Agriculture Department, Govt. of Bihar, Patna.

10. The Principal Secretary, Home Department, Govt. of Bihar, Patna.

11. The Director General of Police, Bihar, Patna.

12. The Director General, Home Guards, Bihar, Patna.

13. The Principal Secretary, Environment and Forest Department, Govt. of Bihar, Patna.

14. The Principal Secretary, Energy Department, Govt. of Bihar, Patna.

15. The Chairman, Bihar State Power Holding company, Patna.

16. The Managing Director, South Bihar Power Distribution Company Ltd., Patna.

17. The Managing Director, North Bihar Power Distribution Company Ltd., Patna.

18. The Managing Director, Power Transmission Company Ltd., Patna.

19. The Principal Secretary, Urban Development Department, Govt. of Bihar, Patna.

20. The Principal Secretary, Rural Development Department, Govt. of Bihar, Patna.

21. The Director, Integrated Child Development Scheme, Bihar, Patna.

22. The Executive Director, State Health Society, Bihar, Patna.

23. The Director, Aids Control Society, Bihar, Patna.

24. The Chairman, Railway Board, Rail Bhawan, New Delhi.

25. The General Manager, East Central Railway, Hajipur.

26. The Chairman, State Bank of India, Corporate Office-Mumbai.

27. The Chief General Manager, State Bank of India, Local Head Office, Patna.

28. The Chairman, Punjab National Bank, New Delhi.

29. The Chairman, Central Bank of India, Mumbai.

30. The Zonal Manager, Central Bank of India, Patna.

31. The Chairman, Bank of India, Mumbai.

32. The Zonal Manager, Bank of India, Patna.

33. The Chairman, Bank of Baroda, Vadodara, Gujarat.

34. The Chairman, United Bank of India, Kolkata.

35. The Chairman, Allahabad Bank, Kolkata.

36. The Zonal Manager, Allahabad Bank, Patna.

37. The Chairman, Indian Overseas Bank, Chennai.

38. The Chief Regional Manager, Indian Overseas Bank, Patna.

39. The Chairman, UCO Bank, Kolkata.

40. The Zonal Manager, UCO Bank, Patna.

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41. The Chairman, Indian Bank, Chennai.

42. The Zonal Manager, Indian Bank, Patna.

43. The Chairman, Syndicate Bank, Manipal (Karnataka),

44. The Chairman, Dena Bank, Mumbai.

45. The Chairman, Canara Bank, Bengaluru (Karnataka).

46. The Central Provident Fund Commissioner, Employees Provident Fund Organization, EPFO Head Office, New Delhi.

47. The Additional Central Provident Fund Commissioner, Employees Provident Fund Organization, Bihar & Jharkhand, Patna.

48. The Regional Provident Fund Commissioner, Employees Provident Fund Organization, Bihar, Patna.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Shambhu Sharan Singh ( In Person ) For the EPFO : Mr. Rajiv Kumar Verma, Senior Advocate Mr. Prashant Sinha, Advocate For the State : Mr. Lalit Kishore, Advocate General For Respondents : Mr. Sanjay Singh Thakur, Advocate 31, 32, 37 and 38 For the Respondent : Mr. Ajay Kumar Sinha, Advocate Allahabad Bank For United Bank of : Mr. Dr. Binod Bihari Sinha, Advocate India For the State : Mr. Alok Kumar Choudhary, Advocate For P.N. B. : Mr. Arvind Kumar, Advocate For Chairman Bank : Mr. Ravi Verma, Advocate of Baroda (Resp. No.33) For Resp. Nos.26 & 27: Mr. Alok Kumar Choudhary, Advocate State Bank of India For Resp. Nos.39 & 40: Mr. Ranjeet Kumar Pandey, Advocate UCO Bank For the Respondent : Mr. K.K. Sinha, Advocate Corporation Bank For the Respondent : Mr. Subhash Prasad Singh, Advocate Syndicate Bank For Resp. Nos.15 to 18: Mr. Vijay Kumar Verma, Advocate =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE

3/4 and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 11-01-2018 Inter alia contending that in the State of Bihar there is serious non-compliance with the statutory provisions of the Employees Provident Fund & Miscellaneous Provisions Act, 1952, particularly in the matter of enforcement of the aforesaid Act to contractual and daily wage employees, this petition in public interest has been filed and reference is made to a communication of the Chief Secretary, Bihar, Annexure-1 and another by the Railway Department, Annexure-2 also in this regard indicating that the same are not being complied with.

Having heard learned counsel for the petitioner, we are of the considered view that the Employees Provident Fund & Miscellaneous Provisions Act, 1952 is a statutory and complete Code in itself authorizing authorities, vesting them with statutory powers to deal with such issues and, therefore, when a statutory provision with all the procedural requirements and statutory authority is already in place, it is not appropriate to make any indulgence into the matter in public interest. Instead, the petitioner, if advised, should take up the issue with the statutory authority under the Employees Provident Fund & Miscellaneous Provisions Act, 1952 and it would

4/4 be for the statutory authority to take action, as may be permissible under law.

With the aforesaid observation and liberty to the petitioner, we dispose of the matter.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 13.1.2018 Transmission Date