Patna High CourtL.P.A/1614/2016dismissed

The Bihar State Construction Corporation Limited And ANR v. Parmatma Singh And ORS

2017-08-09The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1614 of 2016 IN Civil Writ Jurisdiction Case No. 20523 of 2014 ===========================================================

1. The Bihar State Construction Corporation Limited through its Managing Director at its Head Quarter at Khawaja Imli, Anishabad, Patna.

2. The Managing Director, Bihar State Construction Corporation Limited office at Khawaja Imli, Anishabad, Patna - 800002.

.... .... Respondents-Appellant/s

Versus

1. Parmatma Singh, son of Late Baleshwar Singh, Resident of H.I. - 137, Harmu Housing Colony, P.S. - Argora, District - Ranchi, At the relevant time working on contract in Bihar State Construction Corporation Limited at its Headquarter at Khawaja Imli, Anishabad, Patna.

.. .. Respondent/ Petitioner

2. The State of Bihar through the Chief Secretary, Old Secretariat, Patna.

3. The Secretary, Department of Water Resources cum-Chairman, Bihar State Construction Corporation Ltd.

4. The Secretary, Administration, Bihar State Construction Corporation Limited office at Khawaja Imli, Anishabad, Patna.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Ravindra Kumar Shukla, Advocate For the Respondent/s :

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 09-08-2017 Re.: Interlocutory Application No.6504 of 2016 The delay in filing of this Appeal is condoned. Interlocutory Application stands allowed and disposed of. Re.: Letters Patent Appeal No.1614 of 2016 Keeping in view the fact that in the matter of payment of retiral dues of the employees of the Corporation finding the financial constraint of the Corporation to be not a ground for denying the

Patna High Court LPA No.1614 of 2016 dt.09-08-2017 2/2 payment of retiral benefits to a retired employee, the matter has been referred to the Government for taking steps and to ensure settlement of the claim. Merely because after this order was passed, the appellant - Corporation has filed a company petition seeking winding up of the company, we see no reason to interfere into the matter. The appeal is dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.08.2017 Transmission Date