KOSHI PROJECT WORKERS ASSOCIATION Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition is filed at the instance of a trade union under the name and style of Koshi Project Workers Association (Petitioner No. 1) and three individuals who claim to be the office -bearers of the Association/Union. The petitioners seek to challenge an order, dated 28.12.2002 issued by the Deputy Secretary, Revenue (Administration), Water Resources Department, Government of Bihar by which petitioners 2 to 4. were transferred from the Revenue Division, Purnea to Revenue Division, Buxar, Mohania and Ara respectively. The challenge to the petitioners transfer is based on the plea that it was against the tripartite agreement dated 29.11.1994.

(2.) ON certain demands raised by the Bihar Water Resources Employees Federation (of which the petitioner union claims to be a constituent) a conciliation proceeding under the provisions of the Industrial Disputes Act was held before the Labour Commissioner/Conciliation Officer. The proceeding concluded in a tripartite agreement dated 29.11.1994 signed by the representative of the State Government, the Federation and the Labour Commissioner. Clause 1 of the agreement stipulated as follows:

(3.) ABOUT four years later the Government once again issued the impugned transfer order and the petitioner once again brought it before this court in C.W.J.C. No. 5748 of 2003. In that case the State took the stand that the petitioners 2 to 4 were elected to their respective offices in January 2001 and consequently their terms came to end in January, 2003. In substance they were no longer office -bearers when the matter was being considered by the court in September, 2004. Having regard to the stand taken by the State Government the court did not pass any positive order but disposed of the case asking the concerned authorities to consider as to whether or not petitioners 2 to 4 held any offices in the Union at the relevant time. In pursuance of the order of the court the Secretary, Water Resources Department held an enquiry and passed the order dated 20.1.2005, holding that the term of petitioners 2 to 4 in the Unions office was from 2001 -03 and on the date of the order they did not hold any office and, hence, they were not covered by the tripartite agreement. This writ petition is filed challenging the order passed by the Commissioner - cum -Secretary on 20.1.2005 as well as the impugned transfer order dated 28.12.2002.