GULAB SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE most tragic part of this case is that today when the matter was taken up for consideration, Junior Counsel Mr. Nand Kr. Sinha, who represents the Bihar State Road Transport Corporation (in short, the Corporation), virtually told the court that this matter must either await or adjourned as arguing counsel Mr. RK. Verma has not yet left home for the Court. This is very unfortunate. The Court cannot linger these proceedings. In the circumstances of the present case one son of the petitioner - appellant is virtually struggling with a grafted kidney from his mother. Should anything happen it should not be upon the Court.

(2.) THIS matter was considered at length on 7 January, 8 January, 9 January, 12 January and 14 January 2004. It is not that the respondent Corporation or its counsel are unaware on what the case is about. Appearance has been entered. Even the Managing Director of the Corporation was in Court.

(3.) THE unpaid employees in the State of Bihar have become a phenomenon, and the State ''that is, the government of Bihar - is running away from its employees. This includes the managers of public sector undertakings. The State and the manager of public sector undertakings constitute a very powerful body. It is claimed they have no resources to pay wages, but all the luxuries are available to these administrators, whether they are Ministers of Government, or bureaucrats as administrators. A neo -Nazi type of defense has been manufactured, the like of which Hitler created in declaring that a "People 'sCar" was available, even when it was damned by the Depression, as the worker could never afford it. The illusion remained a dream until after the war. These Workers in Bihar have also been given an illusion by those who manage the government and the administrators of Public Sector undertakings. It is a devious defense and can be taken only by those who have the money and resources to take it. The workers are told their matters are pending in the courts, the High Court or Supreme Court. The workers are told that schemes are being formulated and committees are looking into their matters and these unpaid workers in employment are living in an illusion and a hope that the Court will come to their rescue. It is unlikely that any solution will occur within the lifetime of a man who has not received his retiral benefits, perhaps he will die with the illusion. This ugly phenomenon of workes in penury, dying in starvation has become a constant factor. The ones who will absolve themselves, and get out of the mess by tenure or retirement, are the politicians and the bureaucrats. The hungry stomachs will remain, and deaths by deprivation will happen.