High Court Patna High Court

Ashok Kr.Trivedi vs State on 26 November, 2008

Patna High Court
Ashok Kr.Trivedi vs State on 26 November, 2008
Author: Ajay Kumar Tripathi
                       CIVIL WRIT JURISDICTION CASE No.3348 OF 1990

                        In the matter of an application under Articles 226 and 227 of the
                        Constitution of India.
                                             --------

ASHOK KUMAR TRIVEDI, General Secretary of Bihar Provincial
P.W.D.Workers Union, Annie Besant Road, Patna -4.

——————– Petitioner
Versus
STATE OF BIHAR through its Chief Secretary, Old Secretariat,
Patna.

——————- Respondent

For the petitioner: M/s. K N Choubey, Sr. Advocate.
For the State : M/S. Anil Kumar Jha,G. A. 2 and Uday Bhan
Singh, JC to G A 2.

PRESENT

THE HON’BLE MR. JUSTICE AJAY KUMAR TRIPATHI
******

A K Tripathi, J. I.A. No. 3377 of 2007 has been filed for substituting the

name of Ashok Kumar Trivedi, the then General Secretary of the

Union who died. The present General Secretary who is to be brought

on record is Trivedi Ambareesh.

2. Interlocutory application is allowed.

3. Petitioner, a Trade Union of so-called Provincial P.W.D.

Workers’ Union has filed the present writ application to enforce their

constitutional and legal right which, according to the petitioner, has

emerged from a so-called agreement entered between the Chief

Secretary, Government of Bihar and the employees’ union which are

contained in anneure-2 and 4 dated 12.2.1987 and 27.9.1989

respectively. The enforcement of this ‘agreement’ is sought through
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the Court under Article 226 of the Constitution of India.

4. Many an issue had been agitating the members of the

trade union and when it went unheard they gave a charter of demands

and a strike notice on 1.1.1987. This was under the provision of

Industrial Disputes Act as per averment in the writ and would be

evident from annexure-1 to the writ application. When the notice did

not beget any result the employees went on strike from 20.1.1987. A

conciliation proceeding was held with the Chief Secretary on the part

of the government and the employees’ representative from the union.

A kind of ironing out of the differences on some of the issues was

done and was recorded as would be evident from a perusal of

annexure-2. Thereafter, since no follow-up action was taken up by the

State, some more pressure was brought upon the government and

further negotiation was entered into due to threat of another strike

notice given by the petitioner’s union. The strike notice is annexed as

annexure-3. It is stated that after a long negotiation yet another

agreement was reached on 27.9.1989 which is annexure-4 to the writ

application. But when nothing emerged out from the same, the

petitioner body decided to file the present writ application.

5. From the tenor and submission made at the bar by the

learned senior counsel appearing on behalf of the petitioner, it is

obvious that nothing has been done with regard to the matter right

from the year 1989. Governments have come and Governments have

gone but no decision with regard to the so-called agreed issues ever

came to be implemented. Therefore, they want a mandamus upon the
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respondent State to enforce the so-called agreements between the

State and the union. Submission of the learned senior counsel is that

these are public orders publicly made and therefore are enforceable

under the Constitution as a way of right created in favour of the

petitioner and a duty cast upon the public body.

6. From the perusal of the averment and assertion made in

the writ application the negotiation and the cause of action is basically

arisen within the frame-work of the Industrial Disputes Act. If the

petitioner did not choose to enforce their right under the special act

and statute then this Court will not fill up the gap specially under

Article 226 of the Constitution of India to enforce a so-called

agreement arrived at between the parties whose legal status is not even

certified or qualified.

7. The writ application is totally misconceived and

misdirected. It is dismissed as such.

(Ajay Kumar Tripathi, J)

Patna High Court;

The 26th November, 2008.

(NAFR)     RKPathak.