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2008 DIGILAW 403 (PAT)

Patna High Court Lawyers Asso. v. State Of Bihar

2008-02-26

BARIN GHOSH, CHANDRAMAULI KR.PRASAD, SHAILESH KUMAR SINHA

body2008
Judgment 1. Reg:I.A. No. 1039 of 2008 This application has been filed by the Bihar State Electricity Board for restraining the various Trade Unions from going on strike from 27.2.2008 in the light of the notice given by them dated 16.01.2008. 2. Let all the Unions as detailed in the notice be impleaded as respondents. 3. Mr. Laxmi Kant Tiwari takes notice on behalf of the newly added respondents. 4. Affidavits have been filed on behalf of the State Government duly sworn by the Secretary to the Government of Bihar in the Department of Energy as also the Bihar State Electricity Board sworn by its Secretary. 5. In the affidavits they have stated that in the process of restructuring service conditions of all the serving employees shall not in any way be adversely affected and they shall continue to serve in the same status and pay scale as obtaining on the day the new Company is incorporated. 6. In view of aforesaid, Mr. Tiwary on instruction undertakes not to proceed with the strike pursuant to the notice dated 16.01.2008. 7. It is relevant here to state that earlier when the matter was taken up on 28.2.2007, other Unions through their Counsels assured the Court that no further strike shall be resorted to by these Unions till disposal of this petition. In the light thereof they have also filed the undertakings. 8. Counsels representing them state that they shall abide by those, undertakings. 9. The interest of the Workmen is paramount to the Court and in this Public Interest Litigation, when they have responded positively, we would not like to leave them in lurch. 10. Accordingly, we direct this matter to be listed on 8.04.2008 at 2.15 P.M. 11. The Advocate General assures us that on the said the State Government shall apprise to the Court the steps which it had taken and those proposed to be taken in the light of the provisions as contained in Part XIII of the Electricity Act, 2003. 12. We appreciate the undertaking given by the newly added respondents and reiteration to the undertaking by other respondents. 13. List it on 8.04.2008 at 2.15 P.M. 14. Let a copy of this order be given to the Advocate General, Mr. Giri appearing on behalf of the Board and all other Counsels representing the various Unions.