THE STATE OF BIHAR Vs. BALESHWAR PRASAD SAH

JUDGEMENT

(1.) Heard learned counsel appearing for the respective parties.

(2.) Both the writ petitions are arising from the award dated 13.02.2015 passed by the Labour Court, Purnea, in Reference Case No.02 of 2004, by which the Labour Court has directed the management to reinstate Baleshwar Prasad Sah, petitioner of C.W.J.C. No. 17206 of 2017 along with other benefits and further having held that Baleshwar Prasad Sah is entitled to get the previous due wages and benefits from the management as has been given by the management to its employees, namely, Kula Nand Mandal and others.

(3.) The State has challenged the award in its entirety whereas, Baleshwar Prasad Sah, has sought a relief to implement the award in its true letter and spirit and also give direction to take immediate and effective steps for his absorption treating him to be an employee of the Bihar Agriculture Marketing Board/Market committee/ Bazar Samiti in terms of Section 6(i) of the Bihar Agriculture Produce Market (Repeal) Act, 2006 declaring and deeming the petitioner to have been regularized under the Bihar Agriculture Marketing Board/ Market Committee/ Bazar Samiti in view of the recommendation contained in memo no. 162 dated 18.09.2002 as Tax Collector under the Market Committee, Banmankhi, Purnea with effect from 1980 i.e. from the date Kula Nand Mandal, Chotkan Rishi Deo and Smt. Mani Devi were regularized in service.