Banmankhi Sugar Mill (Retired) Permanent Employees Sangh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15634 of 2022 ====================================================== Banmankhi Sugar Mill (Retired) Permanent Employees Sangh through its General Secretary (Maha Mantri) Sri Jai Prakash Oraon, Male, aged about 43 years., Son of Sri Tup Narayan Oraon, Resident of Ward No.-5, Jhouwari, Maharaj Ganj, P.S.- Banmankhi, Distt.- Purnea (Bihar). ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Department of Sugarcane Industry, Govt. of Bihar, Old Secretariat, Patna.

3.

The Secretary-cum-Commissioner Department of Sugarcane Industries, Govt. of Bihar, New Secretariat, Patna.

4.

The Cane Commissioner, Sugarcane Department, Government of Bihar, main Secretariat, Patna.

5.

The Bihar State Sugar Cane Corporation Limited, Arunalaya, Bailey Road, Patna.

6.

The Bihar State Sugar Cane Corporation Limited, Banmankhi Unit through its General Manager, P.O. and P.S.- Banmankhi, Distt.- Purnea. 7.

The General Manager Bihar State Sugar Corporation Limited Banmankhi Unit, P.O. and P.S.- Banmankhi, Distt.- Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Nath Jha, Advocate For the Respondent/s :

Mr. Subhash Prasad Singh ( GA 3 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-06-2023 Heard Mr. Shashi Nath Jha, learned counsel appearing on behalf of the petitioner and Mr. Gyan Shankar, learned counsel appearing on behalf of the respondent.

2. Learned counsel appearing on behalf of the

Patna High Court CWJC No.15634 of 2022(4) dt.26-06-2023 2/3 petitioner informs this Court that all admissible dues payable to the petitioner have been credited into the account of the petitioner. The petitioner is now aggrieved only on account of non-payment of leave encashment and gratuity. Even though, the entire amount of gratuity and leave encashment relating to the petitioner is pending in account of the respondent no. 7.

3. The counsel appearing on behalf of Bihar State Sugar Corporation-respondent no. 6 submits that the General Manager, Bihar State Corporation Limited may be directed to credit the amount admissible to the petitioner on account of gratuity as well as leave encashment forthwith, if already not credited into the account of the petitioner.

4. Considering the fact that in absence of specific instruction the General Manager, Bihar State Sugar Corporation Limited, Banmankhi, Purnea (Respondent No.7) must ensure to credit the gratuity and leave encashment payable to the petitioner forthwith.

5. In case petitioner still remains aggrieved he may file representation before the Respondent No. 6, who, must take steps for disbursement of all the amount into the account of the petitioner relating to any other dues which are required to be paid including the interest on account of delay payment, within

Patna High Court CWJC No.15634 of 2022(4) dt.26-06-2023 3/3 a period of six weeks.

6. With the above observations and directions, the present writ petition stands disposed of.

(Purnendu Singh, J) Manish/- Minu/- U