Bajrangi Singh v. Shri N.Vijaya Lakshmi The Managing Director, Bihar State Road Transport Corporation, And ANR.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3657 of 2013 In Civil Writ Jurisdiction Case No. 1141 of 2010 ====================================================== Bajrangi Singh, Son of Late Parasnath Singh, resident of Village- Jalalpur, P.S. - Tekari, District - Bhojpur .... .... Petitioner
Versus
1. Shri N. Vijaya Lakshmi, the Managing Director, Bihar State Road Transport Corporation, Bihar, Patna
2. Sri Sudhir Srivastav, the Chief Administrator, Bihar State Road Transport Corporation, Bihar, Patna
3. The State of Bihar, through the Secretary, Govt. of Bihar, Patna .... .... Respondents ====================================================== Appearance :
For the Petitioner/s : Mr. Ashish Giri, Advocate For the Respondent/s : Mr. Nirmal Kr. Sinha, AC to AAG-15 For the Corporation : Mr. Prabhat Kumar Verma, Sr. Advocate ======================================================
CORAM:
HONOURABLE MR.
JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 20-01-2016 Heard learned counsel for the petitioner and the learned counsel appearing for opposite parties. The petitioner filed writ application for payment of full back wages in terms of award dated 03.02.1993, passed by the Presiding Officer, Labour Court, Patna in Reference Case No. 32 of 1989 with all consequential benefits along with interest at the rate of 12% per annum in terms of C.W.J.C. No. 774 of 1997. A show-cause has been filed by the opposite parties stating that they have paid apart from back wages, and the differential amount also, consequent to revision in pay scale by issuing a cheque for the same.
Patna High Court MJC No.3657 of 2013 (4) dt.20-01-2016 2 / 3 So far grant of regular promotion is concerned, counsel for the opposite parties submits that no promotion is being granted till financial position of the Corporation improves. So far as interest is concerned, counsel for the opposite parties submits that in fact there is no specific direction for payment of interest in the present case.
Counsel for the petitioner submits that though the back wages has been paid, the differential amount subsequent to revision in pay scale has yet not been paid. He submits that interest also has not been paid.
supplementary show-cause affidavited on 18.01.2016 has been filed stating that order has been duly complied with. Para 6 of the supplementary show-cause states that differential amount of Rs.69,336/- bearing cheque no. 024359 dated 14.10.2015 has been forwarded vide letter no. 4489 dated 16.10.2015. A copy of the letter has been annexed as Annexure-B. Mr. P. K. Verma, learned senior counsel appearing for the Corporation submits that there is no order of interest in the instant case.
Counsel for the petitioner submits that the cheque has not been received as yet.
Mr. Verma assures the Court that if the cheque has
Patna High Court MJC No.3657 of 2013 (4) dt.20-01-2016 3 / 3 not been delivered, the same would be handed over to the petitioner forth with.
This application stands disposed of in the aforesaid terms.
(Samarendra Pratap Singh, J.) Uday/- U