- (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 : We make it clear that we have not Issued aforementioned directions to the States of Bihar and Jharkhand on the premise that they are bound to pay the salaries of the employees of the Public sector undertakings but on the ground that the employees have a human right as also a fundamental right under Article 21 which the States are bound to protect. The directions which have been issued by this Court on 9.5.2003 as also which are being issued herein, are in furtherance of the human and fundamental rights of the employees concerned and not by way of an enforcement of their legal rights to arrears of salaries. The amount of salary payable to the concerned employees or workmen would undoubtedly be adjudicated upon in the proper proceedings. However, these directions are issued which are necessary for their survival. Undoubtedly, any amount paid by Justice Uday Sinha Committee pursuant to these directions shall be duly credited for.
(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 : In view of the above, we give the following directions : (A) The High Court of Jharkhand is directed to dispose of the writ petition pending before it at the earliest and, if possible, within six weeks from date. If the High Courts finds it difficult to dispose of the matter within the aforementioned period, it may pass interim order as it may deem fit and proper. It is made clear that in the event the High Court finds that the applicants were entitled to be absorbed in the services of JHAL-CO from an earlier date it would be open to it to pass such an order as it may deem fit and proper so as to adjust the equities between the parties. It is made clear that the question of final absorption, past salaries and the liability to pay the same may be determined by the High Court in the said writ petition. (B) Managing Director. BHALCO and Managing Director. JHALCO as also the Secretaries of the Government of Bihar and the Government of Jharkhand Shall meet within one month form the date and decide upon and assess the liability on account of the arrears of the salaries payable to the employees already absorbed and to be absorbed, and make a report thereof within a week of the date of decision, to the High Court for taking final decision regarding the mode of payment etc. to the employees, if any, so that the liability of JHALCO to that extent would stand reduced. (C) The Central Government shall take immediate steps to see that the directions in the order dated 13.09.2004, passed by it are complied with by the State of Bihar.;