Binodanand Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10633 of 2018 ====================================================== Binodanand Jha Son of Late Pandit Pinakar Jha, resident of 'Ashram' West of SP'S Bunglow, Srinagar Hata, Police Station Purnia Sadar, Town and District Purnia, Bihar, Pin- 854301.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Industries, Govt. of Bihar, Vikash Bhawan, New Secretariat, Patna-800001. 2.

The Labour Commissioner, Department of Labour Resources, Government of Bihar, Patna- 800001.

3.

The Managing Director, Bihar State Sugar Corporation, Patna, Bihar. 4.

The Principal Secretary, Ministry for Social Welfare Department, Government of Bihar, Patna.

5.

The Provident Fund Commissioner, Bhavishya, Nidhi Bhawan, 8th Floor, 28- Community Centre Wazirpur Industrial Area New Delhi-52 6.

The Assistant Provident Fund Officer, Employee Provident Fund Organization, Ministry of Labour, Govt. of India, Surya Complex, Luxmi Chowk Muzaffarpur, Bihar.

7.

The Regional Manager, Life Insurance Corporation of India, Jeevan Deep Building, 6th Floor, Exhibition Road, Patna 8.

The Managing Director, Ashok Paper Mills Limited, having HEAD OFFICE AT Nouveau Capital and Finance Ltd. Having Registered Office at 1/3, Mittal Chambers, Nariman Point, Mumbai, Maharashtra-400021 9.

The Chairman, Associated Journals Ltd (Now Young India Private Limited), 5A Bhadurshah Jafar Marg, New Delhi.

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

For the Petitioner/s :

None For the Respondent/s :

Mr.Rajiv Roy -Gp1 Mr. Suresh Kumar, AC to GP 1 Mr. Madhav Krishna Mr. Gyan Shankar Mr. Rakesh Kumar Mr. Abhumanyu Vatsa ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 23-07-2019 No one appears on behalf of the petitioner. The counsel for the L.I.C., E.P.F.O., State and Sugar Corporation are present.

Patna High Court CWJC No.10633 of 2018(4) dt.23-07-2019 2/3

2. The counsel for the L.I.C. submits that the petitioner was covered under the Employees Salary Saving Scheme and against that, he had taken loan, which has been adjusted against the amount which he was entitled to and at present, there is no outstanding left for payment to the petitioner whereas the counsel for the E.P.F.O. submits that he has not mentioned his employee code number in the writ petition, to enable the Department to trace out his details from office of E.P.F.O., so it is very difficult to give any answer to the question raised by the petitioner. The counsel for the State submits that the petitioner was not an employee of the State Government, so the question of his covering under the Pension Scheme does not arise.

So far, the counsel for the Sugar Corporation submits that earlier the petitioner was working with a private management, namely, Sakri Sugar Mill, later on, he shifted himself to Ashok Paper Mills Ltd. and, as such, his claim is misconceived and misdirected in view of the fact that he was an employee of Ashok Paper Mills Ltd., which is now closed. The LI.C. has already explained that nothing left for payment to the petitioner, whatever he had earned, has been adjusted against the loan amount so the petitioner cannot be granted any relief in the present case.

Patna High Court CWJC No.10633 of 2018(4) dt.23-07-2019 3/3

3. In view of above discussion, this Court does not find any merit in the present case and accordingly the same is dismissed.

(Shivaji Pandey, J) Mahesh/- U