SANJAY KUMAR TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition on behalf of seven petitioners is directed against the order of termination of their services vide letter no. 254 dated 17.10.98 of the Incharge Medical Officer, Vijayeepur, Gopalganj passed pursuant to the direction of the Director -in -chief, Health Services, contained in his letter no. 69(22) dated 21.1.98.

(2.) THE services of the petitioners were earlier also terminated in 1991. The petitioners moved this Court in C.W.J.C. No. 11289/92, which they withdrew on 6.1.93 stating that they would seek remedy before the appropriate court under the Industrial Disputes Act with respect to their grievances. The petitioners, it appears, raised a dispute which was eventually referred to the Labour Court, Chapra for adjudication "as to whether order to termination of their services is proper ? If not, what relief they are entitled to - The reference was registered as Reference case No. 8 of 1994. Vide judgement and award dated 1.12.94 the Labour Court held that termination of services was violative of provisions of Section 25 F l.D. Act and, therefore, not in accordance with law. After holding that the termination was unjust and illegal, the court held that the petitioners are entitled to reinstatement with full back wages and other benefits and further entitled to regularisation of their services. The award was thereafter sent to the State Government for publication in the official gazette which was done. On the ground of non -implementation of the award a complaint was filed on which cognizance was taken and the case is pending trial. The petitioners in the meantime were reinstated on the post on 30.12.95. As, however, salary was not being paid to them, they came to this Court in C.W.J.C.No. 9981/96. A plea appears to have been taken on behalf of the respondents in that case to the effect that implementation of the award has been stayed by the District Judge. This was an obvious error inasmuch as what had been stayed by the District and Sessions Judge was the order taking cognizance on the complaint filed for non -implementation of the award as stated above which was later vacated, in fact as already pointed out the case is pending trial in the competent court. C.W.J.C. No. 9981/96 was finally disposed of on 27.6.97. This court directed the Director -in -chief, Health Services to look into the matter and if the award is still effective, to reinstate the petitioners in service "at least on daily wages basis" and if any regularisation order has been passed by the lower court (sic for Labour Court) then order dated 30.12.95 should be given effect to.

(3.) SRI Shashi Shekhar Dwivedi, learned counsel for the petitioner submitted that whole stand of the respondent before this court in the previous writ petition was misconceived as the implementation of the award was never stayed. Counsel emphasized that since the respondents have not challenged the correctness of the award of the Labour Court they are estopped from doing so at this stage and thus have no option but to reinstate the petitioners giving them arrears of salary and also regularise their services as directed by the Labour Court.