- (1.) THIS writ petition is filed by the employees of the Bihar State Scheduled Castes Co -operative Development Corporation Limited (herein after referred to as the Bihar Co -operative Development Corporation). The Bihar State Co - operative Development Corporation has offices spread over the entire State of Bihar before its bifurcation. Thus, it had officers in its service working within the areas now falling within the State of Jharkhand after the Bihar Reorganisation Act, 2000 came into force with effect from 15.11.2000. The salaries of the employees of all the Branches were being paid by the Bihar State Co -operative Development Corporation. Payment of salaries of the employees and the offices located with the divided State of Jharkhand was also being made by the Bihar State Co -operative Development Corporation for about one year after 15.11.2000. The payments were being made from the Head -office at Patna (now within the State of Bihar).
(2.) AFTER coming into existence of the State of Jharkhand, the Jharkhand State Tribal Co -operative Development Corpora - tion Limited was registered under the Cooperative Societies Act to work for the welfare of the Scheduled Tribes in the State of Jharkhand. There was no corresponding formation of a Scheduled Castes Co -operative Development Corporation for the State of Jharkhand. But the offices or branches of the continued to function in the State of Jharkhand. The Jharkhand State Tribal Development Corporation did not provide for the payment of salaries of the employees/officers of those branches. The Bihar State Co - operative Development Corporation also stopped paying them salaries, since, apparently, a view was taken that it was for the State of Jharkhand to make arrangements for paying them their salaries. Whatever it be, the result was that the employees of the Branch Offices of the Bihar State Co -operative Development could not and did not receive their salaries. It is in that context that the employees have filed the present writ petition. When the writ petition came up, this Court directed the respondents who had appeared to file their counter -affidavits. This Court also clarified that the pendency of the case will not stand in the way of the State of Jharkhand and the Jharkhand State Tribal Development Corporation sorting out the matter. This Court directed that the case be placed for admission on 3.10.2002. On 3.10.2002, the matter was further adjourned to 21.11.2002, this Court clarifying that the pendency of the case will not stand in the way of the Jharkhand State Tribal Cooperative Development Corporation releasing funds for payment of salaries to the employees of the Bihar Co -operative Development Corporation posted in offices situated in the territory of Jharkhand. On 21.11.2002, this Court took note of the submission of learned counsel for the petitioners that the situation was covered by Sections 65 and 66 of the Bihar Reorganization Act, 2000 and that for resolving the issues between the two States, the Government of India could issue an appropriate direction even in the absence of any one of the bifurcated State approaching the Central Government in that regard. This Court felt that it would be appropriate to hear the concerned officials of the Union of India and consequently called upon the Secretary, Ministry of Social Justice and Empowerment, Government of India, to appear and clarify the position. This Court also ordered the Government of India to issue appropriate directions to the successor States of Bihar and Jharkhand as per Sec. 65 read with Sec. 66 of the Bihar Reorganization Act, 2000. The matter was adjourned to 13.12.2002. On that date, at the request of the Union of India, the case was adjourned to 14.2.2003. The Court also directed that meanwhile the Central Government will determine whether Bihar Co - operative Development Corporation or the Jharkhand State Tribal Development Corporation was to pay the salary of the petitioners. A time of one month was fixed for taking the decision. At that stage, the Secretary, Ministry of Social Justice and Empowerment, Government of India had submitted before this Court that it was doubtful whether Sec. 65 of the Bihar Reorganization Act, 2000 was applicable in the case of Co -operative Societies, like the Bihar Co -operative Development Corporation or the Jharkhand Scheduled Tribes Co -operative Development Corporation. No decision was taken on that aspect and the mater was adjourned to 20.2.2003. That day, learned counsel for the petitioner contended that Sec. 65 was attracted. Counsel for the Bihar Co -operative Development Corporation are apportioned reiterated the contention that Sec. 65 of the Bihar Reorganization Act, 2000 was not applicable. In view of this question being raised, the learned Single Judge on 20.2.2003, adjourned the case for being heard by a Division Bench. Thus, the case has come up before us.
(3.) WE may notice that meanwhile, an interim decision was taken by the Central Government and a direction was issued to the effect that the Bihar Co -operative Development Corporation should pay the salaries of the petitioners till such time as the assets and liabilities of the Bihar Cooperative Development Corporation between the successor State of Bihar and Jharkhand.;