RAM BAHADUR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the Respondent-State..

(2.) The brief factual background is that in 1979, the petitioner claims that he was appointed as Tube-well operator in the work charged establishment. He continued to serve in the work charged establishment till 13.04.1985 on which date the work charged services of the petitioner was brought to an end.

(3.) It is the petitioner's case today that this Court in CWJC No. 3450 of 1985 passed and order on 20.09.1985 that those persons, who had been removed along with the petitioner were entitled to the benefits of the Industrial Disputes Act and that after giving one month notice, or pay in lieu of the notice period, their services were required to be terminated afresh after giving them benefits of the back wages which has accrued in the meantime as they had remained out of work due to an illegal order passed without giving notice or pay in lieu of notice. Further submission is based on Annexure(s) 8 and 9 of the writ petitions. The said two Annexure(s) are decisions of the State Govt. dated 13.02.1997 and 19.07.1989 which in accordance with the submissions of the petitioners' counsel gives the petitioner a right to claim regularization as he had completed the requisite length of service under the work charge establishment for regularization as contemplated under these two policy decisions.