STATE OF JHARKHAND Vs. HARIHAR YADAV

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This is a case where the baby is disowned by the mother because of the reason that a healthy baby subsequently became liability. Had it been a healthy baby, probably the two States might have fought for the baby claiming it to be their own baby. Causality is the labour and the workers suffered in this fight to starvation of the employees of the erstwhile Bihar Hill Area Lift Irrigation Corporation Ltd. (hereinafter referred to as BHALCO) and one of the employee namely, Chandan Bhattacherjee immolated himself and died and then a Public Interest Litigation in the form of Writ Petition (C) No. 488 of 2002 was preferred by a public spirited person wherein the Hon'ble Supreme Court passed interim orders and those orders were passed on humanitarian grounds to save the lives of the employees of the then BHALCO, which fact has been taken note of by the Hon'ble Supreme Court in its order dated 13.01.2005 and the relevant part of that order is as under :

(3.) Thereafter, the Hon'ble Supreme Court found that the writ petition is pending in the Jharkhand High Court; therefore, instead of deciding some issues referred the issues for decision by this Court, vide order dated 8th July, 2008 passed in W.P. (C) No. 488 of 2002. The followings are the issues referred by the Hon'ble Supreme Court :