Disposed

Nobina Banerjee v. Bihar State Electronic Development Corporation and Ors.

Patna HC22 Nov 2018CWJC/19108/2016

Case brief

AI extract

What is this about?

Hearing two writ petitions for retiral benefits, the Court found that the respondent company was defunct with no tangible assets. The Court held it could not pass a specific order under Article 226 and directed petitioners to approach the Civil Court for a decree which can be executed.

What did the court decide?

Writ petitions disposed of with direction to approach Civil Court for decree due to lack of assets.

Nobina Banerjee Vs Bihar State Electronic… — Pension and Retirement Benefits | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 18941 of 2016

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===========================================================

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Bal Krishna Shrivastava Son of Late Krishna Prasad, resident of Mohalla Mada Colony Hirapur, Police Station Dhanbad, District Dhanbad (Jharkhand).

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.... .... Petitioner/s

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Versus

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1. Bihar State Electronic Development Corporation through its Managing Director, Beltron Bhavan, Shastri Nagar, Patna- 23.

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The Managing Director, Bihar State Electronic Development Corporation, Beltron Bhavan, Shastri Nagar, Patna- 23.

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The Accounts Officer-cum-Secretary, Bihar State Electronic Development Corporation, Beltron Bhavan, Shastri Nagar, Patna- 23.

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Managing Director Beltron Managing System Limited, Beltron Bhawan, Shastri Nagar, Patna.

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.... .... Respondent/s with

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===========================================================

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Civil Writ Jurisdiction Case No. 19108 of 2016

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=========================================================== Nobina Banerjee, Daughter of Late Kanailal Banerjee 10/2 A, Manohar Pokhar, 2^nd Lane, Police Station Lake, District Kolkata, West Bengal.

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.... .... Petitioner/s

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Versus

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Bihar State Electronic Development Corporation through its Managing Director, Beltron Bhavan, Shastri Nagar, Patna - 23.

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The Managing Director, Bihar State Electronic Development Corporation, Beltron Bhawan, Shastri Nagar, Patna - 23.

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The Accounts Officer-cum-Secretary, Bihar State Electronic Development Corporation, Beltron Bhawan, Shastri Nagar, Patna - 23.

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Managing Director Beltron Managing System Limited, Beltron Bhawan, Shastri Nagar, Patna.

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.... .... Respondent/s

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=========================================================== Appearance : (In CWJC No.18941 of 2016) For the Petitioner/s : Mr. Ravindra Nath Dubey, Advocate For the Respondent/s : Mr. Girijish Kumar, Advocate For the B.M.S.L. : Mr. Vikas Kumar, Advocate (In CWJC No.19108 of 2016) For the Petitioner/s : Mr. Ravindra Nath Dubey, Advocate For the Respondent/s : Mr. Girijish Kumar, Advocate For the B.M.S.L. : Mr. Vikas Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT

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Date: 22-11-2018

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Patna High Court CWJC No.18941 of 2016 dt.22-11-2018

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Heard learned counsel for the petitioners; Bihar State Electronic Development Corporation Limited (hereinafter referred to as the ‘Corporation’) and respondent no. 4.

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The petitioners have moved the Court seeking retiral

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benefits.

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The admitted position is that they were employees of respondent no. 4. The stand in the counter affidavit filed on behalf of respondent no. 4 is that it has become defunct and is not functioning since 1988 and even there are no assets with it, as the lease of the land and building of the Company was dispossessed by the Bokaro Industrial Area Development Authority for which they have filed a writ petition before the Jharkhand High Court in the year 2010 being W.P.C. No. 1442 of 2010.

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Having regard to the aforesaid, the Court in its present jurisdiction under Article 226 of the Constitution of India is unable to pass any specific order as there is no tangible assets with the respondent no. 4 against which this Court can take action or ensure any payment to the petitioners. Thus, in the opinion of the Court, the appropriate forum for the petitioners would be the Civil Court of competent jurisdiction where a specific order for payment of any amount to the petitioners can be passed against respondent no. 4. Thereafter it would be open to the petitioners to get the decree in

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Patna High Court CWJC No.18941 of 2016 dt.22-11-2018

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3/3

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their favour executed through the process of the Court, in accordance

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with law.

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In view thereof, the writ petitions stand disposed off

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with the observation aforesaid.

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(Ahsanuddin Amanullah, J.)

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P. Kumar

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AFR/NAFR U

Nobina Banerjee v. Bihar State Electronic Development Corporation and Ors.

Case brief

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Nobina Banerjee v. Bihar State Electronic Development Corporation and Ors.

Case brief

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