AJIT KUMAR SINHA, J. - (1.) THIS writ petition has been preferred for issuance of an appropriate writ, order or direction: (a) for grant of electrical connection or for reconnection of electricity supply to the residential quarters of the employees of High Tension Insulator Factory and Electric Equipment Factory at Namkum and Tatisilwai respectively. (b) For directing the respondents in general and the respondents No. 6 to 8 in particular to arrange for and ensure supply of electricity to the residential quarters in which their employees have been staying without electricity since last over nine months in as much as they have been deprived of salary and all benefits including the supply of electricity oat subsidized rate of 12 paise per unit, which was one of the conditions of service. (c) For directions to the respondents to abide by and to discharge their legal and constitutional obligations enshrined in Articles 14, 19, 21, 23, 298 and 300A and in accordance with the law as laid down by the Hon'ble Supreme Court in the case of Kapila Hingorani v. State of Bihar 2003 (3) JLJR 5 by at least providing electricity in the residential quarters of their employees at the cost of the respondents or at subsidized cost of 12 paise per unit as the conditions of employment applicable to the employees. (d) For directions to the respondents No. 1 and 2 to also discharge and meet their legal and constitutional obligations by making available and paying to the Electricity Board funds or charges, if any, required for grant of reconnection of electric supply to the quarters of the employees of High Tension Insulator Factory and Electric Equipment Factory again in consonance with the dioctum laid down by the Hon'ble Supreme Court in the case of Kapila Hingorani v. State of Bihar and Rohtas Industries; (e) Alternatively, if, for any reason, it is not possible to direct providing electricity at the subsidized rate of 12 paise per unit or at any other subsidized or concessional rate at all and in the event of the employees being left by their employers to fend for themselves and for issuance of a direction to respondent Board to grant reconnection/fresh connection of electricity in the quarters of the employees of both the Units under the Rural Electrification Scheme on payment of fixed consumption charges of Rs. 29.00 per month in as much as all the said employees are also eligible to avail of the said Scheme, which has already been put in practice in the case of several other residents of village: Tatisilwai, Dist.: Ranchi. (f) Alternatively again, if nothing is possible to be done by the employers and the State of Bihar then for issuance of a direction to provide fresh electrical connection to the petitioners' members at their own cost following the ratio laid down in the Esha Marble case.
(2.) THE main contention raised by the learned Counsel for the petitioners is that the workmen in question were employee of Bihar State Industrial Development Corporation Limited (in short B.S.I.D.C. Ltd.) and electricity charges were deducted from their salary and B.S.I.D.C. Ltd. was directly paying it to the Jharkhand State Electricity Board (in short Board) which was later stopped and that gave cause of action due to disconnection of electricity to file the present writ petition in the year 2004. The petitioners also submit that they have neither been paid salary nor any retiral benefit and for non -payment of electricity charges the Board disconnected power supply to the residential colonies of the employees and the B.S.I.D.C. Ltd. failed to discharge and meet their legal and constitutional obligations. He further points out that this Court vide order dated 17.5.2004 had given an interim protection vide which the Board was directed to supply electricity to the petitioners who are ready to pay the charges as per the bills raised and this interim order continues based on which they are directly consuming and paying all the bills raised by the Board. It is relevant to clarify that the issue with regard to the salary and other benefits are not the subject matter of challenge in this writ petition and thus the remedy lies in raising Industrial Disputes and they can also move the Civil Courts for recovery.
(3.) HOWEVER , the interim protection given vide order dated 17.5.2004 will continue to operate and the Board will be directly raising the bills to the petitioners and they will be liable to pay the bill for the electricity consumed.;