Jagdish Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 10046 of 2015 =========================================================== Jagdish Mishra, S/o Late Bidyut Kant Mishra, Resident of Mohalla- Udyan Nagar, Near 33 MIG, P.O.- Lohiya Nagar, P.S.- Kankarbagh, Patna-800020, Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar being represented through the Chief Secretary, Government of Bihar, Patna.

2. The Secretary, Sugar Cane Development, Government of Bihar, Patna.

3. The Managing Director, Bihar State Sugar Corporation, Bihar, Patna.

4. The Regional Provident Fund Commissioner, Bihar, Employees Provident Fund Organization, Ministry of Labour, Government of India, Regional Office, Bhavishyanidhi Bhawan, R' Block, Road No.- 6 Patna-800001.

5. The Branch Manager, Life Insuarnce Corporation of India, Maurya Lok Complex, Bihar Patna-800001.

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

For the Petitioner/s :

Mr. Krishna Chandra, Advocate For the State :

Mr. Uday Prasad, A.C. to G.P. 22 For the Respondent No. 4 :

Mr. R. K. Verma, Sr. Advocate Mr. Jai Prakash Verma, Advocate For the Respondent No. 5 :

Mr. Abhimanyu Vatsa, Advocate For the B.S.S.C.

:

Mr. Gyan Shankar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 15-01-2018 Heard learned counsel for the petitioner; State; respondent no. 3; respondent no. 4 and respondent no. 5.

2. It is common ground at the Bar that the grievance of the petitioner stands redressed. From the materials on record, it transpires that dues of E.P.F. have been paid and with regard to gratuity, the matter is pending before the Division Bench in L.P.A. No. 327 of 2014 and its analogous cases.

3. In view thereof, the writ petition stands disposed

Patna High Court CWJC No.10046 of 2015 dt.15-01-2018 2/2 off with the observation that the decision passed by the Division Bench in L.P.A. No. 327 of 2014 shall be the basis for any claim of the petitioner with regard to gratuity.

4. Furthermore, the petitioner shall also be at liberty to file a detailed representation if it transpires that there has been any error in the calculation made by the authorities or any further amount remains unpaid. If such representation is filed within four weeks from today before the respondent no. 4, the same shall be considered and disposed off by passing a reasoned order within one month thereafter. If it is found that any further amount is required to be paid to the petitioner, the same shall also be paid within four weeks from the date of passing of the order.

(Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U