Letters Patent Appeal No.150 of 2003
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In the matter of an appeal under Clause 10 of the Letters Patent.
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M/s Bihar State Mineral Development Corporation Ltd.
now M/s Jharkhand State Mineral Development Corporation
Ltd & ors ... Appellants
-Versus-
Choudhary Ram & ors ... Respondents
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For the Appellants : M/s Anoop Kumar Mehta
For the respondent : M/s.N.P.Singh & A.K.Singh
For the State : Mr. A. Alam, Sr. Advocate
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PRESENT: HON'BLE MR. JUSTICE M.Y.EQBAL
HON'BLE MRS. JUSTICE JAYA ROY
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CAV Judgment
Date of CAV:5.12.2008 Date of pronouncement: 12.12.2008
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M.Y.Eqbal,J: This appeal is directed against the judgment dated
10.2.2003
passed in W.P.(S) No.3228/2001, whereby the learned
Single Judge directed the respondents to prepare a scheme for
regularizing the services of the respondents-writ petitioners within
a period of two months and further held that the petitioners would
be entitled for their regularization in services.
2. The respondent nos.1 to 4 (in short petitioners-respondents)
filed the aforementioned writ petition for quashing the order dated
22.4.2000 passed by the respondent no.6, Secretary, Department
of Mines and Geology, Government of Bihar now Jharkhand, by
which the claim of the petitioners for their regularization in services
was rejected.
3. The facts of the case lie in a narrow compass.
The petitioners-respondents were engaged on daily wages
by the erstwhile company, namely, M/s Eastern Management and
Minerals Ltd. (EMM Ltd.) Koderma and the mine was being
operated by the said company. However, the said company was
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taken over by the erstwhile state of Bihar w.e.f. 9.3.1986 pursuant
to the order dated 27.8.85 passed by the Supreme Court of India in
Civil Miscellaneous Petition No.35248-54 of 1985. The State of
Bihar in turn took a decision to handover the management of the
mica mines and its mining operation to the Bihar State Mineral
Development Corporation for and on behalf of the Government of
Bihar. The case of the petitioners is that they have been continuing
in services on daily wages basis and their services are not being
regularized. A writ petition was heard by the learned Single Judge
by passing the impugned judgment, whereby respondents were
directed to prepare a scheme for regularizing the services of the
petitioners and further held that the petitioners will be entitled for
their regularization in services counting the period of their
engagement from the date, on which the management was taken
over by the State Government.
4. Mr. Anoop Kumar Mehta, learned counsel appearing for the
appellant-Bihar/Jharkhand State Mineral Development Corporation,
assailed the impugned judgment being contrary to law and is
without jurisdiction. Learned counsel submitted that the case of
daily wages employees of the erstwhile company for regularization
of their services was duly considered by the Secretary cum
Commissioner, Department of Mines and Geology, Government of
Bihar, Patna on the representation filed by the petitioners and
similarly situated persons, which was rejected holding that the
claim of the petitioners to parity of pay scale and regularization is
not tenable. Learned counsel then submitted that it is the
respondent-State of Jharkhand, who will prepare a scheme of
regularization of services and not the appellant-Corporation.
According to the learned counsel, the petitioners and other daily
wages employees of the erstwhile company, who are continuing in
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services, are the employees of the State of Jharkhand and not the
employees of the Corporation.
5. Learned counsel appearing for the respondents, in course of
his argument, referred Annexure 14 to the rejoinder filed in the writ
petition, which is a judgment dated 13.8.2002 passed in CWJC
No.2035/94(R). Learned counsel submitted that similar relief was
claimed by some of the daily wages employees and the writ
petition was allowed with a direction to the respondents to
regularize the services of the petitioners.
6. Admittedly the petitioners-respondents have been working
on daily wages basis continuously from 1972-74 i.e. for about 35-
36 years. The petitioners, therefore, have worked for a long time
and as a matter of right, are entitled to get the benefit at par with
the regular employees. The only question raised by the appellants
is that it is the State of Jharkhand, who will formulate a scheme
and not the appellant-Corporation.
7. Mr. Alam, learned counsel appearing for the state of
Jharkhand, submitted that the appellant-corporation is an
independent body and it is the corporation, who has to formulate a
scheme as directed by the Hon’ble Single Judge in the impugned
judgment.
8. After having heard the learned counsel appearing for the
parties, we are of the opinion that the impugned judgment needs
modification only to the extent that the appellant-State Mineral
Development corporation and the State of Jharkhand shall prepare
a scheme for regularization of daily wages employees, who have
been working for the last 30-35 years. The Chairmen, Jharkhand
State Mineral Development Corporation and the Secretary,
Department of Mines and Geology, Government of Jharkhand, shall
jointly prepare a scheme for regularization of services of the
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petitioners and take a final decision as expeditiously as possible
and preferably within four months from the date of
receipt/production of a copy of this judgment.
9. The instant appeal is, therefore, disposed of with the
aforesaid modification in the impugned judgment and the direction,
as indicated hereinabove.
(M.Y. Eqbal, J. )
Jaya Roy,J: (Jaya Roy,J.)
Jharkhand High Court, Ranchi,
The 12th December, 2008,
Pandey/N.A.F.R.