NARESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition the petitioners have sought for issuance of an, appropriate writ, order or direction commanding the respondents to pay them their post retirement benefits, including pension, gratuity, salary for unutilised earned leave and arrears of salary in the pay scale of Rs. 1,400 -2,300 to which they are legally entitled.

(2.) IT appears that the dispute with respect to fixation of pay of the petitioners and other similarly situated persons were agitated before the Labour Court, Purnea in Misc. Case No. 1 of 1994 and the Labour Court on detail consideration vide its Award dated 24.3.1995, contained in Annexure -1, held that reduction of scale from Rs. 1,400 -2,300 to Rs. 1,200 -1,800/ - with effect from August, 1992 was wrong and in contravention of the rules. Accordingly, the Labour Court held that the recovery made from the petitioners was contrary to law and further directed for payment of the said amount. However, in the meanwhile, the petitioners superannuated from service and since thereafter they have been kept deprived of the pensionary benefits by raising unnecessary dispute as regards the fixation of their salary.

(3.) IT is not the case of the respondents that they ever challenged the validity of the Award, contained in Annexure -1. However, it has been submitted by the learned counsel for the State that the Award of the Labour Court with respect to the petitioners, who were employed in Water Resources Department, was not binding upon the State and said Labour Court had no jurisdiction to entertain this miscellaneous case in view of the fact that the said Department is not an industry. In support of this, learned counsel for the State has placed reliance on the decision of this Court in the case of Kosi Project Workers Union vs. State of Bihar & others (L.P.A. No. 884 of 1996) in which it has been held that the Industries Department is not an industry.