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2015 Supreme(Pat) 1089

MIHIR KUMAR JHA
Anita Kumari – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
(In CWJC No. 15818 of 2011)
For the Petitioners: Mr. SUDARSHAN SHARMA, Adv
For the Respondents: Mr. TEJ BAHADUR SINGH AAG-7
(In CWJC No. 5576 of 2008)
For the Petitioners: Mr. BHANU PRATAP SINGH, Adv
For the Respondents: Mr. P.K.Shahi AAG-10

JUDGMENT :

Heard learned counsel for the parties.

2. The prayer of the petitioner in C.W.J.C No. 5576 of 2008 reads as follows:-

“That this is an application for issuance of an appropriate writ, order or direction to the Respondents concerned for payment of retrial dues of the husband of the petitioner who was working as night guard in Bihar State Cooperative Marketing Union Limited (BISCOMAUN) at Sitamarhi and died in harness on 24.4.2003.”

3. The prayer of the petitioner in C.W.J.C No. 15818 of 2011 reads as follows:-

“That this application is directed on behalf of aforesaid petitioner for issuance of appropriate writ, order or direction as the case may for payment of post retrial dues of her husband Surendra Prasad Singh alongwith dues, salary, who died on-5.9.2007 while was serving as the Asstt Depot Manager Biscoman Respondent No. 2.”

4. As would be evident, the relief has been sought in both these writ applications against the Bihar State Cooperative Marketing Union Limited (BISCOMAUN), which is admittedly a society registered under the Bihar Cooperative Societies Act.

5. At the outset, learned counsel for the petitioners have raised preliminary objection as with regard to maintaina





















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