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2004 DIGILAW 55 (PAT)

Bihar State Housing Board v. Shambhu Nath Singh

2004-01-14

RAVI S.DHAVAN, SHASHANK KR.SINGH

body2004
Judgment 1. Today seems to be a day that all shades of cases are coming to the manner in functioning of the State public sector undertakings. This is yet another shade. 2. A sum of Rs. 55,774/- was due as a refund to one Shambhu Nath Singh, the petitioner. He filed a writ petition C.W.J.C. No. 8848 of 2000: Shambhu Nath Singh vs. Bihar State Housing Board & Ors. The Order directed that a sum of Rs. 55,774/- with interest at the rate of 10 per cent per annum be refunded. A sum of Rs. 50,360/- was refunded, thus, left a balance of Rs. 5,414/-. Two years after the order had been passed on the writ petition, the Bihar State Housing Board filed an application seeking a review of the order (M.J.C.No. 2199 of 2003). 3. The learned Judge declined to review his order as he did not find any ground for modifying the order which had been passed two years ago. 4. Now a Letters Patent Appeal has been filed to submit before this Court that the learned Judge had erred in not modifying or reviewing his order. The plain message which this Court gets is that this way or that way by hook or by crook the Bihar State Housing Board will not honour the Judgment of the High Court. Every conceivable dirt left by legal engineering is being adopted to evade the order on the writ petition. The respondent Board could have filed a Letters Patent Appeal earlier but did not file it. It was calculated that for two years nothing will be done and thereafter a review application will be filed. Now a Letters Patent Appeal has been filed on the ground that the Judge was wrong because he did not review the order. 5. What is the issue about? A major part of the payment, almost 90 per cent, has been paid, that is, Rs. 50,360/- out of Rs. 55,774/-. The balance is Rs. 5,414/-. 6. The issue is open in a court of equity. The Section in the statute which gave the power to the Bihar State Housing Board, the particular section, was declared as ultra vires. This matter, according to the Board, was kept alive for it, so it is contended, to reinsert the same provison which was declared as ultra vires. Would this make a difference? The Section in the statute which gave the power to the Bihar State Housing Board, the particular section, was declared as ultra vires. This matter, according to the Board, was kept alive for it, so it is contended, to reinsert the same provison which was declared as ultra vires. Would this make a difference? Then, has not the Superior Court made it clear many years ago that re-enactment to defeat workers due is malafide legislation? 7. The Bihar State Housing Board, admitted before the Court that this Corporation is without a Board of Directors. The question is who is taking all these defences ? 8. If the direction of the Court is not honoured, a decree holder would apply to a court in jurisdiction and have the judgment debtor sent to a civil prison should he not comply with the decree. But the Bihar State Public Sector Undertakings have virtually come down to take a stance that they are immune from any law which structures them as they would not honour the order of the Court in any way. Only for a sum of Rs. 5,414/- a Letters Patent Appeal has been filed. It is not a matter of honour. Expenses must have been incurred in filing of this appeal, court fees must have been paid and lawyers fees must be there. It is not denied that Rs. 5,414/- is not due and this case is no different of those who are retired employees and are not receiving their retirement dues and die in poverty like nine pins. This insensitivity and callousness in running the State corporation in Bihar is an eye opener in this case. Employees will not be paid on the ground that there is no money but frivolous litigations will be fought to avoid the payment to a creditor and there is no issue on the aspect that amount is not due. The affairs of the Sate public sector undertakings in Bihar, stinks. 9. The High Court is called upon to give its verdict whether Rs. 5,414/- should be paid to a creditor or not. What is there to be decided? The issue apparently is that the board functions on reintroduced power. If the Board has been rejuvenated only to tell its retired public sector undertaking employees and creditors that payment will not be made then for what it has come. 10. 5,414/- should be paid to a creditor or not. What is there to be decided? The issue apparently is that the board functions on reintroduced power. If the Board has been rejuvenated only to tell its retired public sector undertaking employees and creditors that payment will not be made then for what it has come. 10. Why payment will not be made when there is no issue? If the creditor were a decree holder and the decree is not satisfied what will happen to the Chairman and the Managing Director of this Corporation? Should he be sent to a civil prison? 11. As another shade is fixed for 27 January, 2004, this matter may also come on that date with complete information that as of date and prior on what exactly was the constitution of the Board of Directors of this Corporation. 12. Put up on 27 January, 2004 in the supplementary list with L.P.A. No. 34 of 2004.