IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.970 of 2010
SURAJ RAM & ORS
Versus
THE STATE OF BIHAR & ORS
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03 20.06.2011 Heard Mr. Abhay Shanker Singh, learned counsel for the
petitioners and Mr. Anant Kumar, learned A.C. to A.A.G.2 for the
State.
In purported compliance of the directions of this Court as
contained in the order dated 28.03.2011 another affidavit has been filed
today, sworn by one Kaushlandra Prasad claiming to be posted as
Executive Engineer, Flood Control Division, Samastipur. The
Department even while harping upon the payment made more than 20
years ago by way of part payment to these petitioners, submits that the
balance amount of Rs. 2.35 lacs has since been sanctioned for making
payment of the complete wages of the petitioners in the light of the
award passed by the Labour Court dated 12.2.1990 and the order
passed in Misc. Case No. 5 of 1994 on an application filed by the
petitioners for execution of the award. Needful to mention here that
the original execution case was numbered as Misc. Case No. 9 of 1991
which upon establishment of the Labour Court at Begusarai was
transferred and renumbered as Misc. Case No. 5 of 1994 and in which
order was passed on 4.12.2006 directing for payment after quantifying
the amount admissible to each of the petitioners.
Twenty years having passed the respondents are yet to make
the justful payment of wages to these petitioners. The petitioners had
filed the writ petition for implementation of the award and payment of
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the arrears together with interest.
Considering the march of events, this Court is convinced that
the petitioners have been subjected to undue harassment at the hands of
the respondents and are entitled to interest as well as cost and which
issue would be considered by this Court in the ensuing considerations.
However, for the present the respondents are directed to clear the entire
dues of the petitioners by 27.6.2011 and place the same on the record
of the proceedings by way of a supplementary counter affidavit. The
issue of interest and cost shall be considered by this Court on the next
date of consideration of the present matter.
Put up this case on 30.6.2011 for further consideration,
retaining its position.
(Jyoti Saran, J.)
Bibhash