PRAMOD JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners in these writ petitions are persons who were engaged to work on the project known as "The Dakranala Pump Irrigation Project" which is an irrigation project of the Government of Bihar, designed to pump water out of river Ganga with a view to irrigate lands in the area with the aid of canal net work. The main work site of the project is located in the District of Munger near the confluence of rivers Dakranala and Ganga. The project was approved by the Central Water Commission, New Delhi, in the year 1966 and was accorded administrative approval from the Water Resources Department of the Government of Bihar. Under the project, 43.20 kms. of main canal, 76.86 kms. of distributory canals and 151.06 kms. of village channels were to be constructed in the first phase of the project. Thereafter, in the second phase, 22.23 kms. of branch canals, 26.25 kms. distributory canals and 30 kms. village channels were to be constructed. The project also involved installation of nine pumps for lifting the water from river Ganga and distributing the same to the fields through a network of canals. The project sought to provide irrigational facilities to 54,000 acres of land. The work on the project commenced in the year 1978.

(2.) For the execution of the works under the said project, a circle know as the "Ganga Pump Canal Circle, Munger, was created under a Chief Engineer. The said circle was divided into four sub-divisions, namely, Ganga Pump Canal Division I, Ganga Pump Canal Division II, Ganga Pump Canal Division, Suryagarha, and Ganga Pump Canal Division, Sultanganj. In connection with the execution of the works under the project, large number of persons were engaged, including the petitioners. The petitioners in C.W.J.C. No. 6478 of 1988 were employed between the years 1979 and 1981, while petitioners in C.W.J.C. No. 7575 of 1995 claim to have been employed in the years 1984 and 1985. So far as the petitioners in C.W.J.C. No. 6520 of 1995 are concerned, there is considerable dispute as to the dates on which they were appointed. Petitioner No. 1 claims that he has been working as a Chowkidar since January 1, 1991 while petitioner No. 2 claims that he has been working as a Chowkidar since November 1, 1989. The respondents have disputed their claims and according to the respondents, they were engaged much later. This aspect of the matter will be considered later.

(3.) It appears that in the State of Bihar a very large number of persons were being engaged in the Department of the Government on daily wage basis by the appointing authorities, and this practice was discouraged by the State Government. Rather than making regular appointments against the sanctioned posts, the appointing authorities illegally made appointments on daily wage basis in an illegal manner which gave rise to. claim for regularisation in future. Despite the efforts of the State of Bihar to stop this practice, the appointing authorities observed the directions of the Government in their breach. Ultimately a stage was reached when the Government had to take the decision to terminate all employments on daily wage basis/ appointments on muster roll with a view to do away with the pernicious practice. The directions issued by the Governments for the termination of the employment of those engaged on daily wage basis related really to the employment granted on such basis in the various Departments of the Government. So far as the projects are concerned, by the very nature of the work, the engagement must come to an end when the work of the project is completed. A Full Bench of this Court in Bijay Kumar Bharti v. The State of Bihar, 1983 PLJR 667; 1984 BLJ 275, held, following the judgment of the Supreme Court in Bangalore Water Supply and Sewerage Board v. A. Rajappa and Ors., AIR 1978 SC 548 : 1978 (2) SCC 213 : 1978-I-LLJ-349, that the Department of irrigation of the Government of Bihar shall be deemed to be an "industry" within the meaning of the Industrial Disputes Act, since it was involved in activity for satisfying human needs which were analogous to trade and business.