Phulwari Sharif Suti Mill Union v. The State Of Bihar And ORS

Patna High Court MJC No.4200 of 2014 (3) dt.24-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4200 of 2014 In Civil Writ Jurisdiction Case No. 9310 of 2007 ======================================================

1. Phulwari Sharif Suti Mill Union, a Trade Union registered under All India Trade Union Act, 1929, having its Head Quarter at Phulwarisharif being its Registration No. 906/1997 through Sri Dwarika Rai Son of Late Mathura Rai Elected General Secretary of the said Union Resident of Tahal Tola Dhanout, P.S. Danapur, District Patna .... .... Petitioner/s

Versus

1. The State of Bihar Mr Pradeep Kumar its chairma of the Bhiar State Finance Corporation, Frazer Road, Patna

2. Dr. A.K. Singh The Regional Commissioner, Employees Provident Fund Organization, Bihar Bhavishya Nidhi Bhawan, R. Block, District Patna

3. The Director, Smt Deepa Goenka, Mr. Rajesh Goenka and Mr. Rajendra Shroff Bihar Cotton Mills Limited, a company having its Registered Office at Phulwari Sharif, Patna (now closed) and presently the said cotton mills is functioning in Kolkata Office at 135 Biplabi Ras Bihari Babu Road, Kolkata-1

4. Sri Ramesh Chandra Tekriwal, The Chief Executive, Bihar Cotton Mills Limited, Phulwari Sharif, Presently shifted and working at 135 Biplabi Ras Bihari Basu Road, Kolkata-1 .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nand Bansh Nr. Singh For the Respondent/s : Mr. Amrendra Narayan Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 24-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the present case, petitioner is Union and is espousing right of ex-employees of the Bihar Cotton Mill Phulwarisharif. As has been claimed employees are entitled for provident fund which become subject matter of C.W.J.C. No.9310 of 2007 and this Court vide order dated 15.11.2010

Patna High Court MJC No.4200 of 2014 (3) dt.24-05-2017 has directed the petitioner to approach before the authority with respect to payment of provident fund. A detailed representation was given by the Secretary of the Union. A show cause has been filed in which information has been attached showing that payment has been made to the employees of the Cotton Mill.

Learned counsel for the petitioner submits that with respect to Rameshwar Pandit it has been shown that money has already been paid to him on 7.11.1986 but in actuality payment has not been made to him. Some unauthorized person has withdrawn the money. The authority concerned has not provided the information.

The petitioner, if so advised, may approach to the authority and authority will be obliged to give information with respect to Rameshwar Pandit whose registration number is BR-15/1115. Criminal case has also been filed by Rameshwar Pandit.

In such view of the matter, this application is disposed of.

Vinay/- (Shivaji Pandey, J) U