M.Y.EQBAL,J. - (1.) THIS appeal is directed against the judgment dated 10.2.2003 passed in W.P.(S) No.3228/2001, whereby the learned Single Judge directed the respondents to prepare a scheme for regularizing the services of the respondents -writ petitioners within a period of two months and further held that the petitioners would be entitled for their regularization in services.
(2.) THE respondent nos.1 to 4 (in short petitioners -respondents) filed the aforementioned writ petition for quashing the order dated 22.4.2000 passed by the respondent no.6, Secretary, Department of Mines and Geology, Government of Bihar now Jharkhand, by which the claim of the petitioners for their regularization in services was rejected. The facts of the case lie in a narrow compass. The petitioners -respondents were engaged on daily wages by the erstwhile company, namely, M/s Eastern Management and Minerals Ltd. (EMM Ltd.) Koderma and the mine was being operated by the said company. However, the said company was taken over by the erstwhile state of Bihar w.e.f. 9.3.1986 pursuant to the order dated 27.8.85 passed by the Supreme Court of India in Civil Miscellaneous Petition No.35248 -54 of 1985. The State of Bihar in turn took a decision to handover the management of the mica mines and its mining operation to the Bihar State Mineral Development Corporation for and on behalf of the Government of Bihar. The case of the petitioners is that they have been continuing in services on daily wages basis and their services are not being regularized. A writ petition was heard by the learned Single Judge by passing the impugned judgment, whereby respondents were directed to prepare a scheme for regularizing the services of the petitioners and further held that the petitioners will be entitled for their regularization in services counting the period of their engagement from the date, on which the management was taken over by the State Government.
(3.) MR . Anoop Kumar Mehta, learned counsel appearing for the appellant -Bihar/Jharkhand State Mineral Development Corporation, assailed the impugned judgment being contrary to law and is without jurisdiction. Learned counsel submitted that the case of daily wages employees of the erstwhile company for regularization of their services was duly considered by the Secretary cum Commissioner, Department of Mines and Geology, Government of Bihar, Patna on the representation filed by the petitioners and similarly situated persons, which was rejected holding that the claim of the petitioners to parity of pay scale and regularization is not tenable. Learned counsel then submitted that it is the respondent -State of Jharkhand, who will prepare a scheme of regularization of services and not the appellant -Corporation. According to the learned counsel, the petitioners and other daily wages employees of the erstwhile company, who are continuing in services, are the employees of the State of Jharkhand and not the employees of the Corporation.;