MOHAMMAD MAHMUD ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal has been preferred against the order dated 20th December, 1996 passed in C.W.J.C. No. 2325 of 1996, by which the Writ Court in view of the fact that the appellants were engaged on daily wages only and as in view of the fact that their works were no more required, their engagement has been dispensed with after complying with the provisions of section 25(f) of the Indusrtial Disputes Act, as such, there was no question for issuance of a direction for regularising their services or directing the respondents to pay the same pay scale to the appellants which was being paid to the regular employees also did not interefere with the order of their retrenchment.

(2.) FROM perusal of the order of the Writ Court it transpires that the appellants were engaged on daily wages and they were terminated vide letter dated 31.3.1995. The same was the subject matter of C.W.J.C. No. 2649 of 1995. The aforesaid writ application was disposed of on 5.9.1995 with observation that the State Government would prepare a Scheme in accordance with Article 14 of the Constitution of India for absorption of the suitable hands. It further envisages that, if any, person has been removed without following the policy of last come first go then he should file a representation before the Secretary, Irrigation Department for proper adjudication or may, if so advised, invoke and seek relief under the Industrial Disputes Act. Further relief which was granted in the aforesaid writ application was to the extent that if the petitioners -appellants were not discharging the same duty as that of the regular employee, appropriate order for payment of same emolument was also directed to be made.

(3.) AS far as other relief is concerned, the Writ Court in view of the fact that the services of the appellants were terminated after following the provisions of section 25(f) of the Industrial Disputes Act, as the work was no more required in the Department and due to paucity of fund also and as no allegation was there that persons subsequently engaged on daily wages were allowed to continue did not interfere in the order passed by the Secretary, Irrigation Department, as contained in Annexure -1 to the writ application.