MURLIDHAR RAI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) On the basis of the pleadings in the present writ application, it appears that the petitioner was appointed on temporary basis to the permanent post of Finishing Master under Bihar Cottage Industries Dye House, Gulzarbagh, Patna on 9.3.1977. The Bihar State Handloom, Powerloom and Handicraft Power Development Corporation (Pvt.) Limited Company, is a Company incorporated under the Companies Act. The petitioner's initial appointment was made by the Corporation. He superannuated in the year 2006 as Dyeing Superintendent while working under the Corporation. Nearly six years after his superannuation, he filed a writ petition being C.W.J.C. No. 17789 of 2012 seeking the following reliefs:--

(2.) The competent authority i.e. the Additional Secretary, Department of Industries, Bihar, Patna vide his Memo No. 1490 dated 1.4.2013 passed the speaking order and rejected the petitioner's claim. This order dated 1.4.2013 is under challenge in the present writ application. The petitioner in effect claims a declaration and direction that he should be treated "as permanent employee of the State Government" and "he is entitled to get the pensionary benefits which a Government servant is entitled". The petitioner also seeks mandamus directing the Respondents to treat the entire services of the petitioner under the Corporation to be in Government service.

(3.) This application cannot be entertained for more than one reason. Firstly, the petitioner was admittedly appointed under the Corporation which is a Company incorporated under the Companies Act. There is no reason that why he should be treated as employee of the State Government. Services under the Union and the-States are governed by Part-XIV of the Constitution of India. The Respondent Corporation is a Company incorporated under the Companies Act and is entirely a different entity from the State within the meaning of Part-XIV of the Constitution of India.