Punjab-Haryana High Court
Bhim Sain And Ors vs State Of Haryana And Ors (Main Cwp ... on 28 January, 2015
Author: Rameshwar Singh Malik
Bench: Rameshwar Singh Malik
CWP No. 17837 of 2006 (O&M) & 1
other connected cases
HIGH COURT FOR THE STATES OF PUNJAB & HARYANA
AT CHANDIGARH
CWP No. 17837 of 2006 (O&M)
Date of decision: 28.1.2015
Bhim Sain and others
...Petitioners
Versus
State of Haryana and others
...Respondents
2 CWP No. 19785 of 2006 (O&M)
Jai Parkash and others
...Petitioners
Versus
State of Haryana and others
...Respondents
3. CWP No. 20812 of 2006 (O&M)
Dharampal and others and others
...Petitioners
Versus
State of Haryana and others
...Respondents
4. CWP No. 1632 of 2007 (O&M)
Narender and others
...Petitioners
Versus
Union of India and others
...Respondents
AMIT KUMAR
2015.02.04 10:11
I attest to the accuracy and
authenticity of this document
CWP No. 17837 of 2006 (O&M) & 2
other connected cases
5. CWP No. 2393 of 2007 (O&M)
Karan Singh and others
...Petitioners
Versus
State of Haryana and others
...Respondents
6. CWP No. 2535 of 2007 (O&M)
Ram Shanker and others
...Petitioners
Versus
State of Haryana and others
...Respondents
7. CWP No. 2689 of 2007 (O&M)
Banwari Lal and others
...Petitioners
Versus
State of Haryana and others
...Respondents
8. CWP No. 4193 of 2007 (O&M)
Arjun and others
...Petitioners
Versus
State of Haryana and others
...Respondents
AMIT KUMAR
2015.02.04 10:11
I attest to the accuracy and
authenticity of this document
CWP No. 17837 of 2006 (O&M) & 3
other connected cases
9. CWP No. 4203 of 2007 (O&M)
Jai Kishan and others
...Petitioners
Versus
State of Haryana and others
...Respondents
10. CWP No. 4498 of 2007 (O&M)
Zile Singh and others
...Petitioners
Versus
State of Haryana and others
...Respondents
11. CWP No. 4863 of 2007 (O&M)
Nafe Singh and others
...Petitioners
Versus
State of Haryana and others
...Respondents
CORAM:HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK
Present: Mr. Sanjiv Gupta, Advocate
Mr. K.L.Suneja, Advocate
Ms. Alka Chatrath, Advocate
Mr. O.P.Sharda, Advocate
Mr. Saroj Malakar, Advocate
for the petitioners.
Mr. A.S.Chaudhary, Additional A.G. Haryana.
Mr. Varun, Advocate for
Mr. P.K.Mutneja, Advocate
AMIT KUMAR
2015.02.04 10:11
I attest to the accuracy and
authenticity of this document
CWP No. 17837 of 2006 (O&M) & 4
other connected cases
Mr. Rahul Sharma, Advocate
for the respondents.
***
RAMESHWAR SINGH MALIK, J. (Oral)
With the consent of learned counsel for the parties, all these 11 identical writ petitions are proposed to be disposed of vide this common order.
On 10.12.2014, following order was passed by this Court:-
"On 5.11.2014, following order was passed by this Court:-
"Learned counsel for the petitioners refer to para 16 of the writ petition wherein order dated 21.8.2006 passed by the Registrar Cooperative Society, Haryana as well as order dated 31.8.2006 passed by the Hon'ble Chief Minister are reproduced to the effect that 'a scheme for the adjustment of the employees of Bhuna Sugar Mills be framed'. However, respondents have nowhere adverted to this fact in their written statement filed by respondent No.2 on behalf of respondents No. 1 to 3.
Learned counsel for the respondents are not aware whether any scheme for adjustment of the petitioners was formulated or not. They seek short adjournment to apprise this Court about the latest status on formulation of the scheme.
In view of the peculiar facts and circumstances of the case, noticed hereinabove, the Commissioner & Secretary to Government of Haryana, Cooperation Department-respondent No.1 is directed to look into the matter personally, take an appropriate action at an early date in compliance of the order dated 31.8.2006 passed by the Hon'ble AMIT KUMAR 2015.02.04 10:11 I attest to the accuracy and authenticity of this document CWP No. 17837 of 2006 (O&M) & 5 other connected cases Chief Minister, if no such action has already been taken. Thereafter, he shall file his own affidavit alongwith action taken report on or before the next date of hearing, failing which he shall come present before this Court on the next date of hearing, so as to explain as to why the order dated 31.8.2006 passed by the Hon'ble Chief Minister has not been taken to the logical end so far.
List on 10.12.2014."
In compliance of the abovesaid order, affidavit 4.12.2014 of the Principal Secretary to Government of Haryana, Cooperation Department, alongwith Annexures R-1 to R-5, filed in the Court today, is taken on record and copy thereof has been supplied to the learned counsel for the petitioners.
During the course of hearing, it has transpired that there were total 688 employees working in the Bhuna Cooperative Sugar Mills when it was sold by the Official Liquidator to M/s Wahid Sandhars Sugars Ltd.,a company registered under the Companies Act. The sugar mill was sold on 'as is where is' basis. However, the purchaser could not run the sugar mill for long and the employees thereof became jobless.
It is also a matter of record, as per information supplied to the petitioner under the Right to Information Act, 2005, that numerous ex- employees of Bhuna Cooperative Sugar Mills Ltd. have been adjusted either by sending them on deputation or by way of appointment in any other cooperative sugar mills in the State of Haryana, including the Cooperative Sugar Mills in Jind, Rohtak, Palwal, Gohana and Meham. Some employees have been adjusted in Hafed also.
AMIT KUMAR 2015.02.04 10:11 I attest to the accuracy and authenticity of this document CWP No. 17837 of 2006 (O&M) & 6 other connected cases However, more than 450 employees are still on the road. Thus, it is the question of their bread and butter and they have been litigating during all this period, but hardly any sincere effort has been made by the respondent authorities to adjust the ex- employees of Bhuna Cooperative Sugar Mills, including the petitioners, in any other corporation or department of the State.
In the affidavit filed today, decision dated 25.10.2006 taken by the Hon'ble Chief Minister has been placed on record as Annexure R-1/1 and the same reads as under:-
"Subject: Case regarding the adjustment of employees of Sirsa and Bhuna Sugar Mills in other Coop. Sugar mills/ Govt. Department.
CM has ordered that this matter may be considered after the issue of sale of Bhuna Sugar Mills is settled so that there is a clear picture before the Government regarding the number of employees to be adjusted in other organizations/departments."
In the written statement filed on behalf of respondents No. 1 to 3, it has been specifically stated in para 16 to 19 that efforts have been made to provide employment to the employees in other cooperative sugar mills. It is again specifically averred that many employees have been adjusted on requisition received for specific posts from different sugar mills. However, the respondent authorities are conveniently silent about the efforts, if any, being made by them to adjust the former employees of Bhuna Cooperative Sugar Mills, including the petitioners, in other department or cooperative institutions during the last 8 years.
AMIT KUMAR 2015.02.04 10:11 I attest to the accuracy and authenticity of this document CWP No. 17837 of 2006 (O&M) & 7other connected cases It does not behove the Welfare State to leave its employees in the lurch in the manner the petitioners have been left. It is also not in dispute that to deal with such fact situations, respondent State had been making different appropriate policies for the adjustment of the retrenched or surplus employees on account of closure of any cooperative sugar mills or corporation or company of the State.
Under the totality of facts and circumstances of the case noticed hereinabove and on the repeated requests made by learned counsel for the State, another opportunity is granted to the respondent-State to come out with a concrete proposal for adjustment of the former employees of Bhuna Cooperative Sugar Mills including the petitioners, at an early date.
The Principal Secretary to Government of Haryana, Cooperation Department-respondent No.1 is directed to reconsider the matter in the light of observations made hereinabove. Let him at once bring the issue to the notice of the higher authorities. Let due deliberations take place but an early decision will be appreciated because the petitioners are crying for their bread and butter for about a decade.
The Principal Secretary to Government of Haryana, Cooperation Department, shall file his own affidavit on or before the next date of hearing alongwith an action taken report, failing which, he shall come present before this Court to explain the unreasonable and indifferent approach of the State Government."
AMIT KUMAR 2015.02.04 10:11 I attest to the accuracy and authenticity of this document CWP No. 17837 of 2006 (O&M) & 8other connected cases In compliance of the abovesaid order passed by this Court, an affidavit dated 22.1.2015 of the Principal Secretary to Government of Haryana, Cooperation Department filed by way of C.M. No. 982 has been taken on record and copies thereof has been supplied to the learned counsel for the petitioners.
Relevant part of para 6 of the affidavit reads as under:-
"After protracted deliberation by the State Government in view of the aforesaid facts and circumstances and considering the fiscal health of various Cooperative Sugar Mills in the State, the following decisions have been made:-
i) That Government has now decided on compassionate and humanitarian grounds that the Cooperation Department, in the first instance, will explore the possibility of adjustment of permanent staff of erstwhile Bhuna Cooperative Sugar Mills against available vacant posts in other Cooperative Sugar Mills as well as in other Cooperative institutions, subject to fulfillment of required eligibility criteria prescribed under the relevant Service Rules.
It is respectfully prayed, that since the in-
principal intent of the Government to explore and adjust the permanent staff of Bhuna Sugar Mills in the first instance against available vacant posts is AMIT KUMAR 2015.02.04 10:11 I attest to the accuracy and authenticity of this document CWP No. 17837 of 2006 (O&M) & 9 other connected cases clear, the writ petition may kindly be disposed of"
In view of the above, learned counsel for the parties are ad idem that let all these writ petitions be disposed of in view of the abovesaid undertaking given on behalf of the respondent-State. However, learned counsel for the petitioners in all these writ petitions submit in one voice that let the seasonal employees as well as permanent seasonal employees who had been working in the Bhuna Cooperative Sugar Mills, be also directed to be adjusted on similar posts in other cooperative sugar mills of the respondent-State, as and when the posts of the said category become available. They also submit that since many of the ex-employees of the Bhuna Cooperative Sugar Mills have become overage for first entry into service, relaxation in age may be directed to be granted to them.
Having heard the learned counsel for the parties at considerable length and after giving thoughtful consideration to the peculiar fact situation noticed hereinabove, all these writ petitions are disposed of with direction to the respondent authorities to adjust all the ex-employees of the erstwhile Bhuna Cooperative Sugar Mills including the petitioners, on the posts of their respective categories, against available vacant posts in other cooperative sugar mills, as well as other cooperative institutions of the respondent State, as early as possible, subject to fulfillment of eligibility criteria, prescribed under the relevant Service Rules, however, granting relaxation in age, wherever it is required.
It is further directed that the respondent authorities shall AMIT KUMAR 2015.02.04 10:11 I attest to the accuracy and authenticity of this document CWP No. 17837 of 2006 (O&M) & 10 other connected cases make an endeavour to adjust all the ex-employees of erstwhile Bhuna Cooperative Sugar Mills in their respective categories, at an early date because it will be in the interest of the petitioners as well as the Welfare State. Except in the emergent situations, the respondent authorities shall not fill any vacant post in the cooperative sugar mills as well as other cooperative institutions in the State, till the ex-employees of erstwhile Bhuna Cooperative Sugar Mills are adjusted. However, it is also made clear that the appointments given to the ex-employees of erstwhile Bhuna Cooperative Sugar Mills would be treated as fresh appointments.
With the abovesaid observations made and directions issued, all these writ petitions stand disposed of, however, with no order as to the costs.
28.1.2015 (RAMESHWAR SINGH MALIK) AK Sharma JUDGE AMIT KUMAR 2015.02.04 10:11 I attest to the accuracy and authenticity of this document