Baidyanath Singh @ Baijnath Singh and Another vs State of Bihar and Others

V.N. Sinha, J.—Petitioners who served as a Pump Operator in the Minor Irrigation Division, Bhabhua with effect from 1.4.1984 have been disengaged under office order bearing letter No. 173 dated 8.3.2003 issued by the Executive Engineer of the said division (Annexure-6) on the ground that on account of closer of the scheme where under they were engaged there is paucity of work it is not feasible to continue their engagement. As the petitioners have been disengaged on account of paucity of work this court is helpless to issue any positive direction to continue their engagement and is not inclined to interfere with the impugned order. Before parting with the case however, it is observed that if in future the scheme where under petitioners were engaged is again continued and there will be vacancy or work available either in the Minor Irrigation Division, Bhabhua or in any other Division within Chief Engineer Minor Irrigation Dehri-on-Sone or within the department itself then the case of petitioners should be given preference for reengagement on the basis of their past record of service including their seniority. Petitioners are also at liberty to raise industrial dispute in terms of the provision of I.D. Act before the competent labour court. With this observation this application is disposed of. No cost.