Court No. - 36 Case :- WRIT - C No. - 71500 of 2009 Petitioner :- Uttar Pradesh State Road Transport Corp. And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Ved Byas Mishra Respondent Counsel :- C.S.C.,S.D. Sahai,S.K. Singh Hon'ble Prakash Krishna,J.
Hon’ble Yogesh Chandra Gupta,J.
Notice on behalf of respondent nos. 1, 2, 3 and 11 has been accepted by the
learned Standing Counsel and on behalf of respondent nos. 4 and 5 by Sri
Shailendra Kumar Singh, Advocate. Sri Shashi Dhar Sahai, Advocate has put
in appearance on behalf of respondent no. 10.
Issue notice to the remaining respondents.
Three weeks’ time is granted to file counter affidavit. Two weeks thereafter
for rejoinder affidavit.
List thereafter.
The contention of the petitioners is that they are not liable to pay the dues
taken by its employees as loan. The petitioners stood as guarantor for the
purposes of deduction of installments of the loan sactioned by Zila Sahkari
Bank Ltd. from the monthly salary of its employees. Since the two employees
namely Awdhesh Ram and Balbir Sijgh respondent nos. 4 and 5 are no longer
employees of the petitioners, it is not possible for them to either deduct any
amount from their salary or any recovery can be made in respect of the loan
taken by them from the Bank.
The matter requires consideration.
Till the next date of listing, the recovery against the petitioners shall remain
stayed. However, it is provided that it shall be open to the respondent Bank to
proceed against the guarantor or the assets of the respondent nos. 4 and 5 in
accordance with law.
Order Date :- 4.1.2010
ALS