Judgment 1. Heard the parties. 2. The grievance of the petitioners in the contempt petition as well as in the writ petitions is directed against Biscomaun and its authorities. The substance of the grievance is that lawful dues to the employees on account of retiral benefits as well as on account of arrears of salary is not being paid by the Biscomaun without any valid excuse. 3. On behalf of Biscomaun it is more or less admitted that the petitioners are entitled for various payments but the defence is that the Biscomaun does not have the necessary fund to pay all the arrears of retiral benefits or even the earlier arrears of salary. It has further been submitted that a scheme for rehabilitation has been formulated but it is pending for several months. 4. It appears that the Government is not keen in finalising the scheme for rehabilitation. In the meantime Biscomaun must shoulder its legal responsibility and pay the lawful dues of its employees to the maximum extent possible. Considerng all the facts and circumstances of the case. This court finds it just and proper to classify the dues into two heads : (1) The dues on account of retiral benefits (2) the dues on account of arrears of salary for the period before retirement. 5. After serving for long years the employees cannot be allowed to suffer for no fault of theirs and hence whatsoever be the difficulties the authorities must arrange necessary funds to pay the dues on account of retiral benefits at the earliest alongwith statutory interest wherever applicable for payment of admitted post retiral dues to the petitioners. In all these three cases the time for payment of such dues is fixed as three months from the date of production/communication of a copy of this order before the Administrator, Biscomaun. So far as dues of the other category are concerned, Biscomaun must act fairly and prepare a list of such claimants in chronological order of seniority and then arrange funds to pay off such dues expeditiously strictly as per seniority of the claims. It is expected that such exercise shall be taken up without any delay and all efforts shall be made to pay off dues on account of salary etc. within a period of six months. All these petitions are disposed of accordingly.
It is expected that such exercise shall be taken up without any delay and all efforts shall be made to pay off dues on account of salary etc. within a period of six months. All these petitions are disposed of accordingly. It is made clear that all contributions of provident fund which might have remained unpaid on account of non-payment of salary shall also be paid by the Biscomaun with the authorities of Regional Provident Fund Commissioner so that if required, the pension payable to the petitioner as per scheme may be suitably revised and corrected.