DINESH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners in these three cases were appointed in the Public Health Engineering Department of the State of Bihar on daily wages basis. They were later appointed as fourth grade staff and their services were suddenly terminated by similar orders as contained in Annexure'3' without complying with the provisions of Section 25F of the Industrial Disputes Act, which they challenge. The reason of termination is given in Annexure 2 the letter from the Government to the Executive Engineer in each case, stating that the latter had made a number of illegal appointments which must be cancelled. A reference to the letter Annexure '2' is made in Annexure '3'. Since the letter Annexure 2 and the order in Annexure 3 in each case are identical the cases have been heard together and are being disposed of by this common judgment.

(2.) The petitioners challenged the impugned orders on the ground that they were entitled to show cause notice and to opportunity to prove their case that they were duly and validly appointed. Since the orders have been passed without any such opportunity, they are violative of the principles of natural justice. The petitioners have also taken another ground based on the provisions of Section 25F of the Industrial Disputes Act. They have asserted that they have been in continuous service for such length of time which entitles them to the benefit under the section and the impugned orders are illegal on account of non -compliance of the conditions laid down in the section.

(3.) On behalf of the respondents, counter -affidavits have been filed in the cases stating that the petitioners were irregularly appointed in the work charge establishment by the Executive Engineer and the matter was enquired into by the Commissioner -cum Secretary P.H.E. Department with opportunity to the Executive Engineer to explain his conduct. Since the authorities were convinced about the invalidity of the appointments, a decision was taken to terminate them. In answer to the plea founded on Section 25F of the Industrial Disputes Act, it is said that the Public Health Engineering Department does not come within the expression 'Industry' within the meaning of the Act and the petitioners are not workmen as they were earlier on Muster Roll on daily basis.