COURT ON ITS OWN MOTION Vs. STATE OF JHARKHAND
LAWS(JHAR)-2013-1-54
HIGH COURT OF JHARKHAND
Decided on January 14,2013

COURT ON ITS OWN MOTION Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) THE Court took cognizance of the matter in view of the fact of calling of the strike by the Association of the Employees of Jharkhand State Electricity Board. After the order dated 6.12.12, the strike has been called off and the electricity has been restored within 10 minutes from the time of the passing of the order dated 6.12.12. However, the Employees Association has submitted the counter affidavit to the affidavit filed by the Jharkhand State Electricity Board, however, with wrong title as Rejoinder.
(2.) LEARNED counsel for the Convenor, Co- ordination Committee, vehemently submitted that there are large number of grievances of the employees of the J.S.E.B. and some of the facts have been mentioned in the counter filed on 9.1.2013. It is also submitted that this is not an adversary litigation and therefore, the employees' grievances may also be addressed by this Court and appropriate direction may be issued to the J.S.E.B. We are of the considered opinion that this Public interest litigation was registered by the Court by its own motion and after taking note of the fact that in the entire State of Jharkhand, the electricity has been stopped by the employees of the Electricity Board, for which, we have already passed the order on 6.12.12 and directed the employees association to restore the electricity within ten minutes, and on the same day, it has been complied with, so the purposes of registering this PIL has already served.
(3.) WE are of the considered opinion that some of the organizations, where the strike cannot be tolerated for a single moment, but at the same time, the plight of these employees is required to be considered by the employer or the State Government, as the case may be, expeditiously and the employer-State also should be conscious that because of that situation of employees only, they may not suffer and give a message that the strike is only way to make the Government work or only who can go on strike, their voice will be heard by the Government. Therefore, if the grievance of the employees of the J.S.E.B. has not been redressed yet, then they may submit further representation and those grievances may be considered by the appropriate authority expeditiously and if they are genuine grievances, then the relief can be granted to the employees accordingly and the relief which cannot be granted, for that the J.S.E.B. and the State, as the case may be, may take a decision and should not sit over the decision process and the decision can be deferred only for the valid reason or valid sanction required in the administrative side.;


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