SHAILENDRA KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ application has been filed by the petitioners for issuance of directions to hold and declare that the Bihar State Pollution Control Board (for short 'the Board') will not come within the purview of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (for short 'the EPF and MP Act, 1952') and further directions to the respondents especially 'the Board' to make payment of G.P.F. and pension to its retired or likely to retire employees at par with the employees of the State Government.

(2.) Mr. Chitranjan Sinha, learned Senior Advocate appearing on behalf of the petitioners submitted that the petitioners have filed the present writ application in representative capacity espousing the cause of all the employees, working as well as retired, of 'the Board', as the officers and employees of 'the Board' have authorized them to file the writ application on their behalf. He would submit that 'the Board' was constituted under section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (a Central Act) (for short 'the Act') and was provided with the status of a body corporate with power subject to the provisions of 'the Act' to acquire, hold and dispose of property and to contract. He would submit that besides the objectives, which the Board had to achieve under 'the Act', Section 12(3A) of 'the Act' provides the method of recruitment and the terms and conditions of service of officers and employees of 'the Board' by which they would be governed shall be, such as may be determined by 'the Board' regulations provided the same is approved by the State Government.

(3.) He would submit that 'the Board' having been conceived and constituted for the first time on 07.11.1974 is not having any of such regulation till date. However, on 08.08.1978, in its 2nd meeting, 'the Board', in absence of any such rules/regulations made by 'the Board', by its resolution decided to adopt the methods of recruitment applicable to the State Government officers and employees.