PARMESHWAR PD SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE defence being taken in the State government is that the employees were dismissed because the State government said so. The court does not find any such explanation on record. Though, the admitted contention is that the employees had been dismissed because the Bihar State Financial Corporation was in financial difficulties. The employees have not been dismissed or terminated because of any charge against them but for the only sin that this public sector undertaking ran into financial difficulties. Who will take the responsibility of running this Corporation into financial difficulties.

(2.) IT is pointed out to the court that the Corporation hides behind the Circular dated 15 June 1993. On this it is submitted that the Corporation had been prevented from making further appointments after 1985. On this learned Counsel for the Appellant interjected to correct the record that the statement being made on behalf of the Corporation is incorrect. Learned Counsel also submitted that the supplementary affidavit which has been filed verified by the Chairman -cum -Managing Director, Bihar State Food and Civil Supplies Corporation Ltd., does not give the full facts as in the judicial order the Corporation had accepted the cut -off date from subsequently modified to 13.12.1990. This fact is demonstrated from Annexure -13 an order of the High Court dated 10.4.1997 in C.W.J.C. No. 2322 of 1996 Shyam Narayan Paswan and Ors. V/s. Bihar State Food and Civil Supplies Corporation Ltd. and Ors. Thus, whatever may be the cause or reason the correct facts were never disclosed to the court deciding the writ petition and even in the appeal they are being evaded that the cut -off date which may have been defence of the Corporation for whatever it is worth was shifted to 1990. Why were these facts suppressed? This material suppression of facts has affected the life and liberty of daily wages employees who are basically in a lesser category than a Class IV category employee.

(3.) THE court cannot hesitate to place all this on record that in other matters of public sector undertakings lot of misunderstanding has taken place with suppressed facts and concealment. Merely because the Managers, who are bureaucrats run public sector undertakings, have the power to play with the lives of their workers is no ground that the latter are defenceless. It needs to be remembered that the workers equity is involved in every company in which he works. A corporation is no different.