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Patna High CourtCWJC/4585/2008withdrawn

Maina Murmur v. The Bihar State Industrial Dev

2015-07-14Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4585 of 2008 ====================================================== Maina Murmur, wife of late Mangal Murmur, resident of Gaurdhoba, P.S.- Haweli Kharagpur, District- Munger.

.... .... Petitioner

Versus

1. The Bihar State Industrial Development Corporation Limited ( A Government of Bihar Undertaking), having its registered office at Indira Bhawan, Ram Charitra Singh Path, Near Bailey Road, Railway Crossing, Patna- 800 001, through its Managing Director.

2. The Managing Director, Bihar State Industrial Development Corporation Ltd. ( A Government of Bihar Undertaking), having its registered office at Indira Bhawan, Ram Charitra Singh Path, Near Bailey Road, Railway Crossing, Patna- 800 001.

3. The General Manager, Bihar Spoon & Silk Mills (Government of Bihar Undertaking), P.O. Bahadurpur, P.S. Sabour, District- Bhagalpur.

4. The Manager (Administration), Bihar Spoon Silk Mills, Bahadurpur, P.S.- Sabour, District- Bhagalpur.

5. The State of Bihar, through the Secretary-cum-Commissioner, Department of Industries, Bihar, Patna.

.... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Sanjeev Kumar, Advocate For the Respondents : M/s. Rajeev Ranjan Prasad and Sudhanshu Trivedi, Advocates For the State : Mr. Shyameshwar Kumar Singh, A.C. to G.P.12 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 14-07-2015 In view of the stand taken in the counter affidavit that the husband of the petitioner was already dismissed from service vide the communication dated 14.06.1982 and he died admittedly in the year 1986 and further admitted position that, during his life time, he never challenged the order of dismissal, this writ application cannot be allowed. It is also evident from the pleading that the contribution made by the petitioner towards contributory provident and pension fund had been received. However, learned

Patna High Court CWJC No.4585 of 2008 (10) dt.14-07-2015 2/2 counsel for the petitioner, in the aforesaid background, seeks leave to withdraw this application with liberty to approach the Provident Fund Authority for payment of the dues upon the contribution made by the husband of the petitioner, if the same is still due. As a result, this application is dismissed as withdrawn with the aforesaid liberty granted to the petitioner but it is made clear that this Court has formed any opinion with regard to such claim of the petitioner.

(Dr. Ravi Ranjan, J) N.H./- U