PRAMOD JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted in SLP (C) Nos. 9735-9738/2000.

(2.) Validity of retrenchment of project/scheme employees as also the precise procedure to be followed so as to amount to retrenchment as per law, are the issues arising for decision in these appeals.

(3.) A brief resume of uncontroverted and such other facts as cannot at this stage be disputed. In the State of Bihar a large number of workers were engaged on daily wage basis, instead of making regular appointments, in the Government departments by the authorities. The practice was viewed with concern by the State Government and it was decided to discourage the same. However, the authorities continued with making such illegal appointments contrary to the directions issued by the State Government. A stage reached when the State Government had to take a decision of terminating all appointments made on daily wage basis or on muster roll. The employment of a good number of such employees whose employment on daily wage basis or on muster roll came to an end, or was likely to come to an end, in view of the State Governments policy decision, was converted into employment on regular basis by regularizing their services as far as that was practicable and could be done by filling up the vacancies available. So far as the appellants are concerned they are project/scheme employees engaged on daily wage basis and who could not be absorbed in regular vacancies as neither vacancies nor work nor funds were available.