Shyam Narayan Paswan v. Bihar State Food And Civil Supplies Corp. Ltd.
1997-04-10
S.N.JHA
body1997
DigiLaw.ai
Judgment S. N. Jha, J. 1. The petitioners, 11 in number, who are former employees of Bihar State Food and Civil Supplies corporation Limited, (hereinafter called the Corporation) have challenged the office orders dated 18th January, 1996 as contained in annexures 5 and 5/1 to the writ petition whereby their employment on daily wages bases have been cancelled. 2. From the order it appears that the decision to terminate the employment of the petitioners was taken in view of the deteriorating financial condition of the Corporation and the reduced volume of the turnover. It has been stated that the establishment cost of the Corporation has risen to 13 crores and it is not possible for the Corporation to meet the cost from earning out of its commercial activities. It is not in dispute that the petitioners were working on daily wages basis in the Corporation. Counsel for the petitioners however contended that they remained in the employment of the Corporation for seven to eight years on the assurance that in course of time their services would be regularised. He challenged the correctness of the ground stated in the impugned order that engagement was in exigency of service and having been engaged in view of such exigency the Corporation cannot take the decision to terminate the service on the basis of a cut-off date. It was pointed out that in the said two orders the cutoff date was fixed as 1-8-95 which was later modified as 31-12-90. 3. In the order it is not said that the Corporation intends to follow the procedure laid down in the Industrial disputes Act for retrenchment of workmen. In fact, it is not clear as to whether the petitioners can be called workmen within the meaning of the said Act. I would merely observe in this connection that in view of the provisions of clause (bb) which was added in definition of the term retrenchment in Sec.2 of the Industrial Disputes Act by Amendment act 49 of 1984 it is doubtful if the management is required to follow the procedure laid down under Sec.25-F of the Act for termination of such workmen who are on the rolls on daily wages basis. 4.
4. In view of the grounds for termination of service as briefly indicated above, I do not think it will be possible for this Court to set aside the order and pass any consequential order for their re-instatement. Firstly, as the persons working on daily wages they have no legal right for absorption except under a Scheme in consonance with Article 14 of the Constitution but, as noted above financial condition of the Corporation has been deteriorating and decision has been taken to remove the employees already on the rolls from its services. Even regular employees are not being paid salary on time. In such a situation, it would be too far-fetched to ask the Corporation to frame scheme and consider regularisation of its employees. Any direction to that effect, in the circumstances, cannot be issued. 5. Counsel for the petitioners relied on a Bench order of this Court in mohan Jha V/s. State of Bihar and Ors. in cwjc No.2192 of 1993 disposed of on 7-1-1994. That was a case of employees of Patna Museum. This Court noticed that the Government had framed scheme for regularisation of the employees working in different museum. It also noticed the fact that the concerned persons have been appointed in exigency of service and in such situation gave direction to the State to frame a scheme and consider their cases for regularisation, in view of the decision of the Supreme Court in the State of haryana V/s. Piara Singh AIR 1992 SC 2130 . The ratio of neither Piara Singhs case nor Mohan Jhas case can be applied in this case. For the reasons stated above, I do not find any merit in the claim of the petitioners. The writ petition is dismissed. Petition Dismissed.