PAIKA HORO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ petition is filed by the employees of the Bihar State Scheduled Castes Co -operative Development Corporation Limited (herein after referred to as the Bihar Co -operative Development Corporation). The Bihar State Co - operative Development Corporation has offices spread over the entire State of Bihar before its bifurcation. Thus, it had officers in its service working within the areas now falling within the State of Jharkhand after the Bihar Reorganisation Act, 2000 came into force with effect from 15.11.2000. The salaries of the employees of all the Branches were being paid by the Bihar State Co -operative Development Corporation. Payment of salaries of the employees and the offices located with the divided State of Jharkhand was also being made by the Bihar State Co -operative Development Corporation for about one year after 15.11.2000. The payments were being made from the Head -office at Patna (now within the State of Bihar).

(2.) AFTER coming into existence of the State of Jharkhand, the Jharkhand State Tribal Co -operative Development Corpora - tion Limited was registered under the Cooperative Societies Act to work for the welfare of the Scheduled Tribes in the State of Jharkhand. There was no corresponding formation of a Scheduled Castes Co -operative Development Corporation for the State of Jharkhand. But the offices or branches of the continued to function in the State of Jharkhand. The Jharkhand State Tribal Development Corporation did not provide for the payment of salaries of the employees/officers of those branches. The Bihar State Co - operative Development Corporation also stopped paying them salaries, since, apparently, a view was taken that it was for the State of Jharkhand to make arrangements for paying them their salaries. Whatever it be, the result was that the employees of the Branch Offices of the Bihar State Co -operative Development could not and did not receive their salaries. It is in that context that the employees have filed the present writ petition.

(3.) WE may notice that meanwhile, an interim decision was taken by the Central Government and a direction was issued to the effect that the Bihar Co -operative Development Corporation should pay the salaries of the petitioners till such time as the assets and liabilities of the Bihar Cooperative Development Corporation between the successor State of Bihar and Jharkhand.