STATE OF BIHAR Vs. PRESIDING OFFICERLABOUR COURT BHAGALPUR

JUDGEMENT

(1.) These two appeals arise out of two writ petitions, being CWJC No. 6138 of 1996- R and CWJC No. 4803 of 1997-R, disposed of by a common judgment dated June 24, 2003, passed by a learned single Judge of this Court. The respondents in CWJC No. 6138 of 1996-R had invoked the provisions of the Industrial Disputes Act, 1947, for regularisation of their services. According to the said respondents, they were all workmen appointed between the years 1980 to 1983 on daily wages under the Executive Engineer, Water Resources, Irrigation Department, Irrigation Division, Deoghar in various capacities, such as Chowkidars, Night Guard, Typists, Tracers, Helpers, etc. It was also their case that they had continuously rendered service as permanent staff, but had not been given the benefits and status of permanent employees, nor were they being paid as per the principles of equal pay for equal work. Consequently, these workmen invoked the provisions of the Industrial Disputes Act, 1947, and the matter was referred for adjudication to the Presiding Officer, Labour Court, at Bhagalpur and was registered as Reference Case No. 14 of 1987. While the aforesaid reference was pending, the Executive Engineer terminated the services of the workmen with effect from June 1, 1995 without taking any leave from the Presiding Officer. The said order passed on April 29, 1995 was subsequently challenged in the same reference case before the Labour Court at Bhagalpur. After hearing the parties, the Labour Court held that the said order was in violation of the provisions of the Industrial Disputes Act, 1947. The reference itself was thereafter, taken up and the Presiding Officer passed his award on December 20, 1995, holding that the 46 concerned workmen who had appeared in the reference were eligible to become permanent with effect from one year after their initial appointment as daily rated workmen and that they were also entitled to all the facilities admissible to a Government Servant.

(2.) While CWJC No. 6138 of 1996-R has been filed by the State of Bihar (now Jharkhand) challenging the award, CWJC No. 4803 of 1997-R has been filed by the workmen for implementation of the said award dated December 20, 1995.

(3.) As indicated hereinabove, the learned single Judge heard both the matters together and disposed of the same by a common judgment dated June 24, 2003. The learned single Judge recorded the fact that the Labour Court had accepted the case made out on behalf of the workmen that having worked continuously since the date of their respective appointments beyond a period of 240 days, the said employees had acquired the status of permanent employees as per the provisions of Section 25-B of the Industrial Disputes Act, 1947. The Labour Court also recorded the fact that the three employees, namely, Haldhar Mandal, Raghuveer Yadav and Ganga Mahato, who were similarly circumstanced, had already been made permanent. Having recorded the aforesaid fact, the learned single Judge recorded further that the findings were based on evidence, which could not be upset by a Writ Court in exercise of jurisdiction under Article 226 of the Constitution. The learned single Judge was also of the view that the award of the Labour Court was neither mala fide, nor perverse and for the said reasons, dismissed the writ petition filed by the State of Bihar, now Jharkhand, and allowed the writ petition filed by the workmen with a direction to the respondents therein to forthwith implement the award.