Kanhaiya Lal Das And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8051 of 1998 ======================================================
1. Kanhaiya Lal Das Son of late Mahesh Narain Das resident of at Police Station-Darima Via Kewati Runwary Police Station Kewati Runway District Darbhanga
2. Shiv Naryan Mandal, son of late Kokai mandal resident of at/Post Office-Bari Khajarphu Police Station-Barari, District Bhagalpur
3. Ramanand Yadav son of Surendra Yadav resident of Kathalbai Barari P.S. & Post Office Barari, District Bhagalpur .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Industrials Development Commissioner Department of Industries Govt. of Bihar
3. The Director of Industries, Govt. of Bihar, Patna
4. The Managing Director, Bihar State Small Industries Corporation, Bailey Road, Patna
5. The Bihar State Small Industries Corporation Indira Bhavan Patna, through the Managing Director of the Corporation..... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.5495 of 1998 ====================================================== Bihar State Small Industries Corporation Employees Association through the General Secretary Bam Bahadur Singh son of Sri Chunchun Singh resident of Rajiv Nagar (North) PO & P.S. Digha, District, Patna .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Industrials Development Commissioner Department of Industries Govt. of Bihar
3. The Director of Industries, Govt. of Bihar, Patna
4. The Managing Director, Bihar State Small Industries Corporation, Bailey Road, Patna
5. The Bihar State Small Industries Corporation Indira Bhavan Patna, through the Managing Director of the Corporation..... .... .... .... Respondent/s ====================================================== Appearance :
(In CWJC No.8051 of 1998) For the Petitioner/s : Mr. Madhukar Krishna Sinha For the Respondent/s : AC to SC-27 (In CWJC No.5495 of 1998) For the Petitioner/s : Mr. Madhukar Krishna Sinha For the Respondent/s : AC to SC-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER
16-02-2015
1. The petitioners have approached this Court for the following reliefs:- "(i) For quashing the letter no. 1641 dated 17.3.1998 issued by the Industrial Development Commissioner-cum-Secretary to the Government of Bihar by which the direction issued to the Managing Director, Bihar State Small Industries Corporation, Patna for termination of service of the petitioners who have been regularly working for more than twenty four years as a daily rated employees of the Corporation.
(ii) For quashing the letter no. 556/1998 dated 19.5.1998 issued by the Managing Director of Bihar State Small Industries Corporation Patna by which issued direction for issuance of one month notice for termination petitioners' service.
(iii) For quashing the one month notice issued by the Managers of Bihar State Small Industries Corporation Raw Material Depo issued as per the above direction of the Managing Director, Bihar State Small Industries Corporation, Patna. (iv) For a direction to the respondents that they shall not be disturbed or interfered with the services of the petitioners who have been regularly working in Corporation for more than twenty four years and have a status of permanent employee of the Corporation.
(v) For a direction to pay arrears of salary and regular salary to the petitioners.
(vi) For a direction to consider the claim of the petitioners for their regularization of service and payment of regular scale as several Juniors to the petitioners have been regularized and getting regular salary and representation made by the petitioners has still pending in the Corporation."
2. Apparently, the petitioners have alternative remedy under the Industrial Disputes Act, 1947.
These applications are accordingly, dismissed. (Chakradhari Sharan Singh, J) ArunKumar/- U