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Bihar State Rajya Path ... vs State Of Bihar . on 16 February, 2015

Bench: Fakkir Mohamed Ibrahim Kalifulla, Abhay Manohar Sapre

     ITEM NO.201                                     COURT NO.8                      SECTION XVI

                                       S U P R E M E C O U R T O F             I N D I A
                                               RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)                              No(s).   22998/2010

     (Arising out of impugned final judgment and order dated 08/04/2010
     in LPA No. 1412/2009 passed by the High Court of Patna)

     BIHAR STATE RAJYA PATH P.N.K.SANGT.TR.SC                                        Petitioner(s)

                                                           VERSUS

     STATE OF BIHAR & ORS.                                                           Respondent(s)

     (with interim relief and office report) (For Final Disposal)


     Date : 16/02/2015 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA
                             HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE


     For Petitioner(s)                      Mr.   Nagendra Rai,Sr.Adv.
                                            Mr.   Smarhar Singh,Adv.
                                            Ms.   Prerna Singh,Adv.
                                            Mr.   Amit Pawan,Adv.

     For Respondent(s)                      Ms. Aparna Jha,Adv.
                                            For Mr. Braj Kishore Mishra,Adv.

                                            Mr. Praveen Swarup,Adv.

                          UPON hearing the counsel the Court made the following
                                                  O R D E R

After hearing Mr. Nagendra Rai, learned senior counsel appearing for the petitioner and Ms. Aparna Jha, learned counsel appearing for Bihar State Road Transport Corporation/Respondent Nos.2 and 3, we find that by virtue of the earlier orders of this Court dated 16.12.1987, a settlement was reached on 11.7.1988 by the Corporation with its Union, which provided for regularization of 425 casual Samwahak and 162 casual helpers by 15.8.1988 and the Signature Not Verified Digitally signed by Narendra Prasad rest of the casual employees in the second phase.

18:07:36 IST However, it is Reason: stated that out of 587 employees who were to be regularized in the 1 First Phase by 15.8.1988, only 377 came to be regularized leaving 210 casual employees who are now being represented by the petitioner. The Division Bench having declined to grant any relief, the petitioners have come forward with this special leave petition. In the course of hearing, taking note of the stand of the respondent-Corporation that the Corporation is facing severe financial crunch and is not in a position to regularize the remaining employees covered by the Settlement dated 11.7.1988, we suggested that the issue can be left to the Commissioner of Labour to decide as to whether the members of the petitioners for whom relief is claimed based on 11.7.1988 are covered by the Settlement and in which event by way of one time settlement what is the amount that can be paid taking into consideration their long service rendered prior to 1987.

Learned counsel appearing for the Corporation seeks time to get instructions on the above suggestion.

Call this matter next week.

  (NARENDRA PRASAD)                                         (SHARDA KAPOOR)
    COURT MASTER                                             COURT MASTER




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