Patna High CourtL.P.A/154/2014disposed

Raja Ram Sharma v. The Managing Director Bihar State Cooperative Bank And ANR

2017-11-28The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.154 of 2014 In Civil Writ Jurisdiction Case No.7179 of 2013 ====================================================== Raja Ram Sharma, Son of Late Jai Ram Maharaj, Resident of Mohalla- East Indira Nagar, Road No. 3, P.S.- Kankarbag, District- Patna ... ... Appellant/s

Versus

1. The Managing Director, Bihar State Co-Operative Bank Ltd., Ashok Raj Path, Patna

2. The Regional Commissioner, Employees Provident Fund Office, R.Block, Road No. 6, Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Jai Prabhat Kishore, Advocate For the EPFO :

Mr. Prashant Sinha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 28-11-2017 Considering the fact that the issue in question has already been decided by a coordinate Bench of this Court in L.P.A. No. 838 of 2014 by a detailed judgment rendered on 08.05.2015 and S.L.P. filed by the respondent Cooperative Bank before the Supreme Court being Special Leave to Appeal (c) Nos. 22705-22706 of 2015 have also been dismissed by the Hon'ble Supreme Court now, we see no reason not to grant similar benefit to the appellant. The respondent Bank is required to proceed and implement the decision given by the Division Bench of this Court in L.P.A. No. 838 of 2014 (Vijay Kumar &

Patna High Court LPA No.154 of 2014 dt.28-11-2017 2/2 Ors. Vs. The Bihar State Co-operative Bank Ltd. & Ors.) which becomes applicable in the case of the present appellant also. Accordingly, the appellant should be paid all payments and dues in accordance to the order dated 08.05.2015 passed in L.P.A. No. 838 of 2014 and the consequential order passed by the Assistant Provident Fund Commissioner (Camp), Bihar, Patna as contained in Annexure-12 to the 3rd supplementary affidavit.

With the aforesaid, this Letters Patent Appeal stands disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 29.11.2017 Transmission Date