JUDGMENT 1. Learned counsel appearing for the petitioner submitted that despite the order passed by this Court dated 29th October 2012, the amount directed by this Court has not been deposited by the respondent nos. 5 to 10. These are the dues of the Workmen of the respondent nos. 5 to 10. They have actually worked for a sizable number of days, but they are not paid wages. The Hon'ble Supreme Court has directed this Court to treat this petition as a Public Interest Litigation. The detailed speaking order has been passed on 29th October 2012, but no amount has been deposited till today by the respondent nos. 5 to 10 before this Court. As per direction dated 29th October 2012, Rupees Seventy Five crores was ordered to be deposited on or before 3rd December 2012. 2. It is submitted by the learned counsel for the respondent nos. 5 to 10 that it is true that the workers of respondent nos. 5 to 10 have worked and their salaries/wages are yet to be paid, but the respondent nos. 5 to 10 have no liquid/ hard cash. They are having some immovable property which is to be auctioned by the Bihar State Industrial Development Corporation (B.S.I.D.C) which is wholly owned, managed, controlled and financed by the State of Bihar and it is, in fact, the instrument of the State of Bihar. 3. Looking to the facts and circumstances of the case, it appears that this Company is nothing but working like the department of the State of Bihar which is evident after lifting of veil of this corporate personality wherein the State of Bihar is itself is having 100% share. It also appears that the high ranking officer of this instrumentality of the State of Bihar has not taken any care for the compliance of the order of this Court dated 29th October, 2012 which is pertaining to deposit of Rs. Seventy Five Crores on or before 3rd December, 2012. Had prompt action been taken by the high ranking officers of Bihar State Industrial Development Corporation, some dues of the workers would have been paid. The workers of the Bihar State Industrial Development Corporation (B.S.I.D.C) have not got their wages since many years and they are eagerly waiting for the wages to be paid. Had prompt action been taken by the high ranking officers of Bihar State Industrial Development Corporation, some dues of the workers would have been paid. The workers of the Bihar State Industrial Development Corporation (B.S.I.D.C) have not got their wages since many years and they are eagerly waiting for the wages to be paid. They are moving from pillar to post and this matter has been ordered to be treated as Public Interest Litigation by the Hon'ble Supreme Court of India. 4. Yesterday, also the matter was heard at length and the learned counsel appearing for the respondent nos. 5 to 10 had sought time for today, the matter was adjourned and today again it is heard. Today also learned counsel appearing for the respondent nos. 5 to 10 is seeking time, submitting that there are immovable properties which are yet to be sold and therefore the sale proceeds of the immovable properties can be utilised for the payment of wages of the workers in accordance with law. 5. Learned counsel appearing for the petitioner vehemently submitted that the dues of the workers must be paid on priority basis and there are several decisions of the Hon'ble Supreme Court and several provisions of the various Act like 529A of the Company Act 1956. It is also submitted by the counsel for the petitioner that the workers' dues gets priority over other dues. It is also submitted by the counsel for the petitioner that in course of litigation for getting dues/wages some of the workers expired and their number is approximately 67 for the period running from 20112012. 6. Learned counsel for the respondent nos. 5 to 10 has further submitted that they have approached the State of Bihar for getting the amount to be deposited before this Court. 7. It has been observed by this Court in order dated 29th October, 2013 which is as under: “Even if any permission of the State of Bihar is required, it is the duty of B.S.I.D.C., who cannot shirk its responsibility on the plea that obtaining permission of the State of Bihar is necessary. 7. It has been observed by this Court in order dated 29th October, 2013 which is as under: “Even if any permission of the State of Bihar is required, it is the duty of B.S.I.D.C., who cannot shirk its responsibility on the plea that obtaining permission of the State of Bihar is necessary. We further make it clear that for giving effect to the directions of Hon'ble Supreme Court, State of Bihar is also equally responsible and appropriate order may also be passed for initiation of contempt proceeding against the Secretary and Chief Secretary, State of Bihar, looking to the gravity of the issue. We are ordering that any pretext of inter State dispute under the Bihar Reorganization Act, 2000 shall not be available to B.S.I.D.C for the purpose of avoiding payment of admitted liabilities of its employees and under the Act of 2000 itself, there is a provision of apportionment and reapportionment, which is the provision made so that because of such type of pretext, poor persons should not be made to suffer and mighty States can fight out the claims against each other but not at the cost of poor employees.” 8. We therefore direct the Chief Secretary, State of Bihar not to make the payment of salary to Sri Sudhir Kumar, Managing Director of Bihar State Industrial Development Corporation till the next date of hearing. 9. Copy of this order will be given to the learned counsel for the State of Bihar. The Registry of this Court is directed to send a copy of this order initially by FAX to the Chief Secretary of the State of Bihar and thereafter by Registered post with A/D. 10. We also issue notice upon Chief Secretary of the State of Bihar as well as upon Sri Sudhir Kumar, who is Managing Director of Bihar State Industrial Development Corporation (B.S.I.D.C) under Rule 393 of the High Court of Jharkhand Rules, 2001 in Form No.1 and Sri Sudhir Kumar, Managing Director, Bihar State Industrial Development Corporation (B.S.I.D.C) shall remain personally present, before this Court, on the next date of hearing at 10.30 A.M. 11. Learned counsel appearing for the respondent nos. 5 to 10, seeking time till recess, prayed that let the matter be put up after recess so that if respondent nos. 5 to 10 deposit any amount, the same can be pointed out to this Court. 12. Learned counsel appearing for the respondent nos. 5 to 10, seeking time till recess, prayed that let the matter be put up after recess so that if respondent nos. 5 to 10 deposit any amount, the same can be pointed out to this Court. 12. The matter is adjourned and will be taken after recess. AFTER RECESS 13. Learned counsel appearing for the respondent nos.5 to 10 submitted that he has received information on email i.e. letter no. 371G, dated 22.10.2013 from the Managing Director of Bihar State Industrial Development Corporation (B.S.I.D.C) that as per this instruction, in writing, the respondent nos. 5 to 10 will deposit Rs. Two crores on or before 25th October 2013 before this Court and the amount will be deposited before the Registrar General of this Court. It is further submitted that for the amount of Rs. 5.5 crores, they are trying to get the same from the State of Bihar and they are going to deposit the same within a period of four weeks after 25th October 2013. This instruction has been given on email and the same will also be adduced in writing by way of affidavit of Managing Director, Bihar State Industrial Development Corporation (B.S.I.D.C). 14. Now, the learned counsel appearing for the respondent nos. 5 to 10 has got further instruction, during the course of the arguments, that they shall deposit Rs.5.5. Crores within a period of four weeks from 25th October 2013, before this Court i.e. the Registrar General of this Court on or before 21st November 2013. 15. In view of this statement made at Bar by the learned counsel for the respondent nos. 5 to 10 , the notice, which had been issued under Rule 393 of the High Court of Jharkhand Rules, 2001 in Form No.1, shall not be issued and is kept in abeyance. Similarly, the presence of the Managing Director, Bihar State Industrial Development Corporation (B.S.I.D.C) on the next date of hearing is also kept in abeyance, but, so far as order regarding stoppage of the payment of salary to the Managing Director, Bihar State Industrial Development Corporation (B.S.I.D.C) is concerned, the same shall continue and the Managing Director of Bihar State Industrial Development Corporation (B.S.I.D.C) shall not be paid salary till next date of hearing. 16. 16. Copy of this order will be sent by the Registrar General of this Court to the following: (a) Learned counsel appearing for the State of Bihar in this matter. (b) Learned counsel appearing for the respondent nos. 5 to 10. (c) The Chief Secretary of the State of Bihar initially by FAX and thereafter by Registered Post with A/D. (d) The Managing Director of Bihar State Industrial Development Corporation (B.S.I.D.C) initially by FAX and thereafter by Registered Post with A/D. 17. This order is passed as a tentative measure because neither the respondent nos. 5 to 10 nor the State of Bihar has taken any care for the compliance of the order passed by this Court on 29th October 2012 and enough time has elapsed but they have shown their inability to sell the immovable property of Bihar State Industrial Development Corporation (B.S.I.D.C) so far for the purpose of payment of the dues/ salaries of the workmen. 18. The matter is adjourned to be listed on 22nd November 2013.