SANJAY KUMAR TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) PER Seven appellants have preferred this appeal under clause 10 of the Letters Patent of the Patna High Court, and are aggrieved by the order dated November 2, 1999, passed in c. W. J. C. No. 10265/1998 (Sanjay Kumar Tiwary and Others v. State of Bihar and Others), whereby the writ petition has been allowed in part. We shall go by the description of the parties occurring in the writ petition.

(2.) THE facts essential for disposal of this appeal are not in dispute and may be indicated. The writ petitioners (appellants herein) were appointed as a Basic Health Worker or Peon on daily-wage basis in 1991, and continued for about one year or so. Their services were terminated by order dated October 10, 1992, leading to C. W. J. C. No. 11289/1992. By order dated January 6, 1993, the petitioners had withdrawn the same to seek remedy before the appropriate Court under the Industrial Disputes act 1947 (hereinafter referred to as 'the Act'), which was followed by Reference Case No. 8 1994 in terms of Section-10 (1) (c) of the Act, before Labour Court, Chapra. The same was answered in favour of the workmen (the writ petitioners), the order of termination was held. To be unreasonable and illegal, and they were entitled to reinstatement with arrears of salary. It was further held that they were entitled to regularization of service. The respondent authorities issued order dated December 30, 1995 (Annexure-5), whereby they were reinstated in service and were regularised as basic Health Workers or Peons, and were given appropriate pay-scales.

(3.) WHILE assailing the validity of the impugned order, learned counsel for the petitioners submits that an order which had attained finality cannot be set aside or modified in acollateral proceeding. He submitted that it is also barred by principles of constructive res judicata. He relies on the following reported judgments;