- (1.) IN the instant Application, the petitioner seeks directions from this court on the following: (a) Direct the respondent State/jhalco to immediately comply with the Order dated 13. 1. 2005 and pass the Order of absorption in jhalco with respect to 213 employees listed in the letters issued by md, JHALCO on various dates (annexed to the I. A.), pursuant to the order dated 13. 1. 2005 leaving the employees who have died. (b) Pass any other Order (s) as may be deemed fit and proper.
(2.) THE short history for proper decision would be necessary. History: Original State of Bihar came to be divided into existing State of Bihar and State of Jharkhand by Bihar Reorganisation Act with effect from 15. 11. 2000. The State of Jharkhand exercising its power under Section 85 of the Bihar Reorgnisation Act constituted a Corporation called "jharkhand hill Area Lift Irrigation Corporation" (hereinafter called 'jhalco') by notification no. 2580 with effect from 29. 12. 2001. It may be recalled that there were press reports regarding the non-payment of salaries for long time resulting in starvation of the employees of this Corporation. It was also reported that one Chandan Bhattacharya, son of an employee of the Bihar State Agro-Industries Development corporation tried self-immolation, which incident was widely reported in the press. Ultimately, the said Chandan Bhattacharya succumbed to the burn injuries. A public spirited lawyer initiated public interest litigation in this court under Article 32 of the Constitution of India, inter alia raising a question regarding the liability of the Government of State of Bihar for payment of arrears of salaries to the employees of the said owned corporations, public sector undertakings and statutory bodies. The State of bihar filed its counter affidavit and claimed that the salaries were being paid by the statutory authorities and further that all the salaries upto 30. 9. 2002 were paid in the case of 26 undertakings. In respect of some other Corporations, however, it was reported that large number of employees were not paid the salaries and huge arrears remained involving crores of rupees. In case of as many as 16 undertakings including Bihar hill Area Lift Irrigation Corporation (hereinafter called 'bhalco'), it was also admitted that 14 employees had died in harness and 9 after retirement. However, it was totally denied that there was any suicide or death due to starvation of any of the employees of the corporation. After hearing the amicus curie, who was appointed by this Court as also the learned counsel who appeared on behalf of State of Bihar and Union of india, and after considering the law in details, the Court issued the following interim directions in the matter on 9. 5. 2003: " (i) The High Court may strive to dispose of all liquidation proceedings in respect of the government companies owned and controlled by the State of Bihar as expeditiously as possible. For the said purpose and/or purposes ancillary to or incidental therewith, it may pass an interim order and/or orders by way of sale and/or disposal of the properties belonging to such public sector undertakings and/or government companies or to take such measure or measures as it may deem fit and proper. (ii) For the aforementioned purposes a committee not consisting of more than three members chaired by a retired High Court judge or a sitting District Judge may be appointed who may scrutinize the assets and liabilities of the companies and submit a report to the High Court as expeditiously as possible preferably within three months from the date of constitution of the Committee. The terms and conditions for appointment of the said Committee may be determined by the High Court. All expenses in this behalf shall be borne by the State of Bihar. (iii) The High Court shall be entitled to issue requisite direction/directions to the said Committee from time to time as and when it deems fit and proper. (iv) The State for the present shall deposit a sum of Rs. 50 crores before the High Court for disbursement of salaries to the employees of the Corporations. The amount of Rs. 50 crores be deposited in two installments. Half of the amount shall be payable within one month and the balance amount within a month thereafter. The High Court shall see to it that the sum so deposited and/or otherwise received from any source including by way of sale of assets of the government companies/public sector undertakings be paid proportionately to the employee concerned wherefor, the parties may file their claims before it. (v) The High Court, however, in its discretion may direct disbursement of some funds to the needy employees, on ad hoc basis so as to enable them to sustain themselves for the time being. (vi) The rights of the workmen shall be considered in terms of section 529-A of the Companies Act. (vii) The Central Government is hereby directed to take a decision as regards division of assets and liabilities of the government companies/public sector undertakings in terms of the provisions of the State Reorganisation Act, 2000. (viii) The State of Jharkhand is hereby impleaded as a respondent. let notice be issued to the newly added respondent. " it is clear that these directions were only to meet the exigencies which were then prevailing.
(3.) IT seems that thereafter, number of developments took place including constitution of the committee by the High Court of Patna, as also the disbursement of 50 crores of rupees which were directed to be paid by the State of Bihar and which were deposited as per the directions. This court on 13. 8. 2004 issued a direction, directing the State Government, in consultation with the concerned Ministries, to take the decision regarding the division of assets and liabilities of the government companies/public sector undertakings in terms of provisions of State Reorganisation Act, 2000. Two I. As. being I. A. no. 7 of 2004 and I. A. no. 9 of 2004 came to be filed. In I. A. no. 7 of 2004, a clarification was sought in respect of JHALCO with the prayer that JHALCO should be treated as a successor of BHALCO from 15. 11. 2000 onwards. This was necessitated on account of the alleged offer by JHALCO by way of advertisements on 27. 3. 2003 and 31. 7. 2003. While by 1st advertisement the last date to submit the applications was 5. 4. 2003, by 2nd advertisement it was extended to 7. 8. 2003. 398 applications were filed out of which 302 were found eligible and those applicants were absorbed. Thus 14 officers, 44 Class III employees and 244 Class IV employees were absorbed. It was clearly stated in the advertisement that the employees of BHALCO would be absorbed by JHALCO only if they forego their claim of salary for period prior to their respective date of absorption. By I. A. no. 9 of 2004, a direction was sought that respondent State of Bihar and/or State of jharkhand should deposit sufficient sum of money with the Patna High court, so that at least the employees of the Corporations listed in the Order dated 9. 5. 2003 be paid their salaries.;