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2001 DIGILAW 287 (JHR)

Bihar Co-Operative Bank Employees Union Through Jamuna Prasad Singh v. State Of Bihar

2001-04-25

M.Y.EQBAL

body2001
ORDER M.Y. Eqbal, J. 1. Heard Mr. A.K. Sinha, learned senior counsel for the petitioner and Mr. R.K. Marathia, learned Government Pleader No. II. 2. This writ application has been filed on behalf of Daltonganj Co-operative Bank Employees Union seeking a relief for payment of salary to the employees which is due since December. 1997 and further for a direction to the respondents to ensure timely payment of salary every month. 3. The members of the petitioner-Union are the employees of Daltonganj Co- operative Bank, who have been appointed long before some time in between 1967-1971. It is stated that most of the employees have not been paid their salary since December, 1997 or January, 1998 as a result of which the members of the petitioner are facing acute financial crisis. It is alleged that the respondents-authorities had adopted discriminatory attitude with regard to payment of salary to the employees working in different Branches including the Head Office at Daltonganj Central Co- operative Bank Ltd. 4. A counter-affidavit has been filed, wherein it is stated that due to financial crisis in the Bank, the salary of the employees have not been paid. As soon as the financial position improves, they will automatically be paid their salary along with their arrears. It is further stated that at together the Bank has 27 Branches situated within the Plamau Division and their all the employees have been paid salary till December. 1997. The respondents state that out of the total Branches only few Branches have been running and making transaction by deposit and collection money in their Branches and about 23 Branches are sitting idle, due to which these Branches are running in deficit and they are on the verge of closure. It is further stated by the respondents that they are trying their best to pay the salary as and when the employees make their Branches viable. 5. After having heard Mr. R.K. Marathia, learned Government Pleader No. II, I am of the opinion that the stand taken by the respondents has no leg to stand. It is riot disputed that the employees of the petitioner-Union are the permanent employees of the Bank. The respondents cannot deny payment of salary merely because the Branches are not running in profit or those Branches are at the verge of closure. If that is so, the respondents may take a decision in accordance with law. It is riot disputed that the employees of the petitioner-Union are the permanent employees of the Bank. The respondents cannot deny payment of salary merely because the Branches are not running in profit or those Branches are at the verge of closure. If that is so, the respondents may take a decision in accordance with law. 6. In the facts and circumstances of the case, it is desirable that the Managing Director, Daltonganj Central Co-operative Bank Ltd. and the Deputy Development Commissioner-cum-Administrator. Daltonganj Central Co-operative Bank Ltd. shall sit together and look into the grievances of the petitioners. Both the respondents shall jointly consider the grievances of the petitioners and take a decision in accordance with law within 30 days from "the date of receipt of a copy of this order. 7. With the aforesaid observation and direction, this writ application is disposed of. 8. Application disposed of.