Created by Fuzzy Cloud

Patna High Court

Chandramauli Agrawal,versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that, in the absence of proof that any employee was granted 240 days of earned leave, only the 30 days permitted under the Factories Act applies, and therefore the writ petitions are disposed.

Summary

The petitioners, Chandramauli Agrawal and Lalita Chaudhary, filed writ petitions against the State of Bihar and the Bihar State Sugar Corporation seeking encashment of earned leave for 240 days. The corporation contended that the claim had been fully adjudicated and that only 30 days of earned leave is permissible under the Factories Act. The petitioners argued that they were entitled to the full 240 days and that this amount had not been paid. The court observed the submissions and, finding no evidence that any employee had been granted 240 days, disposed of both writ petitions while allowing the petitioners a four‑week window to file objections with supporting material. If such objections are filed, the court directed that they be decided within eight weeks and any justified benefits be extended accordingly.

Issues considered

  • Whether the petitioners are entitled to encashment of 240 days of earned leave under the applicable labour law.
  • Whether the Factories Act limits earned leave encashment to 30 days.
  • Whether the corporation has already discharged the petitioners' claim.

Legislation cited

Subjects

  • earned leave
  • leave encashment
  • Factories Act
  • industrial employment
  • writ petition
  • labour law

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.10104 of 2021
     ======================================================
     Chandramauli Agrawal, S/o Late S.N.P. Agrawal, Resident of Tajpur, P.S.-
     Tajpur, District-Samastipur at present Chini Mill, Ward No. 10, P.S.-Town,
     District-Samastipur.

                                                               ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Principal Secretary, Industries Department,
     Patna.
2.   The Cane Commissioner, Industries Department, Government of Bihar,
     Patna.
3.   The Bihar State Sugar Corporation, through the Cane Commissioner,
     Industries Department, Patna.
4.   The General Manager, Bihar State Sugar Corporation, Samastipur Unit,
     Samastipur.
5.   The Collector, Samastipur.

                                               ... ... Respondent/s
     ======================================================
                                           with
                   Civil Writ Jurisdiction Case No. 13877 of 2021
     ======================================================
     Most. Lalita Chaudhary W/o Ram Dular Chaudhary Resident of Village-
     Lakhanpatti, P.S.- Warisnagar, District- Samastipur.

                                                                   ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Principal Secretary, Industries Department,
     Patna.
2.   The Cane Commissioner, Industries Department, Government of Bihar,
     Patna.
3.   The Bihar State Sugar Corporation Ltd., through the Cane Commissioner -
     Cum - Managing Director, Department of Sugar Cane Industries, Patna.
4.   The General Manager, Bihar State Sugar Corporation, Samastipur Unit,
     Samastipur.
5.   The Collector, Samastipur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     (In Civil Writ Jurisdiction Case No. 10104 of 2021)
     For the Petitioner/s      :       Mr. Sushil Kumar Jha, Adv.
     For the Respondent/s      :       Mr. Kinkar Kumar, SC9
                                       Mr. Shashank Shekhar Dubey, AC to SC9
     For the BSEB              :       Mr. Gyan Shankar, Adv.
     (In Civil Writ Jurisdiction Case No. 13877 of 2021)
     For the Petitioner/s      :       Mr.Sushil Kumar Jha, Adv.
          Patna High Court CWJC No.10104 of 2021(19) dt.13-02-2026
                                                     2/3




                  For the Respondent/s    :       Ms. Mala Ambast, AC to GP1
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                        ORAL ORDER

19   13-02-2026                 Heard learned counsel for the parties in both the

                    cases.

                                2. Counsel representing the Bihar State Sugar

                    Corporation submits that the entire claim of the petitioners has

                    been adjudicated and paid.

                                3. At this stage, counsel for the petitioners submits

                    that the leave encashment for which the petitioners are entitled

                    for 240 days has not been paid, which submission is strongly

                    being objected by the counsel representing the Bihar State Sugar

                    Corporation and submits that no person has been allowed such

                    benefits and, therefore, on the basis of 30 days, which is

                    applicable as per the Factories Act, the amount of leave

                    encashment has been disbursed in favour of the employees of

                    the Corporation in reference to the provisions of the Factories

                    Act, which provides to the extent of 30 days towards earn leave,

                    has been allowed in favour of all the employees of the

                    Corporation.

                                4. In view of the aforesaid submissions, both the writ

                    petitions are disposed of.

                                5. However, liberty is restored to the petitioners that
          Patna High Court CWJC No.10104 of 2021(19) dt.13-02-2026
                                                     3/3




                   in case, if the petitioner is in a position to object to such

                   submissions with supporting materials that other similarly

                   situated persons have been allowed earn leave to the extent of

                   240 days, in that event, such objections shall be filed within a

                   period of four weeks from today and, on filing of such

                   applications within the time, so allowed, the petitioner’s

                   objection shall be adjudicated within eight weeks and benefits if

                   found justified, shall also be extended within the same time.



                                                                     (Ajit Kumar, J)
rishi/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.