JUDGEMENT
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(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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