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High CourtsFull Bench(2008) 02 PAT CK 0143

Patna High Court Lawyers Association vs State of Bihar and Others

Patna High Court · Decided on 26 February 2008 · Citation: (2008) 4 JCR 180 : (2008) 2 PLJR 566

HON’BLE JUDGES
S.K. Sinha, J · C.K. Prasad, J · Barin Ghosh, J

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Judgment

14 paragraphs · 400 words

C.K. Prasad, Brain Ghosh and S.K. Sinha, JJ.—This application has been filed by the Bihar State Electricity Board for restraining the various Trade Unions from going on strike from 27.2.2008 in the light of the notice given by them dated 16th of January, 2008.

Let all the Unions as detailed in the notice be impleaded as respondents.

2.

Mr. Luxmi Kant Tiwari takes notice on behalf of the newly added respondents.

3.

Affidavits have been filed on behalf of the State Government duly sworn by the Secretary to the Government of Bihar in the Department of Energy as also the Bihar State Electricity Board sworn by its Secretary.

4.

In the affidavits they have stated that in the process of restructuring service conditions of all the serving employees shall not in anyway be adversely affected and they shall continue to serve in the same status and pay scale as obtaining on the day the new company is incorporated.

5.

In view of aforesaid, Mr. Tiwary on instructions undertakes not to proceed with the strike pursuant to the notice dated 16th of January, 2008.

6.

It is relevant here to state that earlier when the matter was taken up on 28.2.2007, other unions through their counsel assured the Court that no further strike shall be resorted to by these unions till disposal of this petition. In the light thereof they have also filed the undertakings.

7.

Counsel representing them state, that they shall abide by those, undertakings.

8.

The interest of the workmen is paramount to the Court and in this public interest litigation, when they have responded positively, we would not like to leave them in lurch.

9.

Accordingly, we direct this matter to be listed on 8th of April, 2008 at 2.15 p.m.

10.

The Advocate General assures us that on the said date the State Government shall apprise to the Court the steps which it had taken and those proposed to be taken in the light of the provisions as contained in Part XIII of the Electricity Act. 2003.

11.

We appreciate the undertaking given by the newly added respondents and reiteration to the undertaking by other respondents.

12.

List it on 8th of April. 2008 at 2,15 p.m.

13.

Let a copy of this order be given to the Advocate General, Mr. Girl appearing on behalf of the Board and all other counsels representing the various unions.