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The Bihar State Construction C vs B.S.Construction Corpn.Ltd.Kar on 16 December, 2010

Author: S. K. Katriar

Bench: S. K. Katriar

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                         LETTERS PATENT APPEAL No.1326 of 2010
              1. THE BIHAR STATE CONSTRUCTION CORPORATION LIMITED,
                 ANISHABAD, PATNA THROUGH ITS MANAGING DIRECTOR AT
                 ANISHABAD, P.O. ANISHABAD, P.S. ANISHABAD, DISTRICT-
                 PATNA.
              2. THE MANAGING DIRECTOR, BIHAR STATE CONSTRUCTION
                 CORPORATION      LIMITED,         ANISHABAD,    PATNA,    P.O.
                 ANISHABAD, P.S. ANISHABAD, DISTRICT- PATNA.
                                       . . . . . APPELLANTS / RESPONDENTS.
                                Versus
                 BIHAR STATE CONSTRUCTION CORPORATION LIMITED,
                 KARAMCHARI SANGH, ANISHABAD, PATNA THROUGH ITS
                 GENERAL SECRETARY JAGDISH MANDAL, SON OF SRI LAKHAN
                 MANDAL, RESIDENT OF SEIKHPURA, P.O.VETERINARY
                 COLLEGE, P.S. SHASTRINAGAR, DISTRICT- PATNA
                                        . . . . . RESPONDENT / PETITIONER.
                                            -----------

6/   16.12.2010

Heard Mr. R.K. Shukla for the appellants. None appears on behalf of respondent in spite of valid service of notice.

This appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna raises a grievance with respect to the order dated 06.08.2009, passed by a learned Single Judge of this Court in C.W.J.C. No. 848 of 2009, whereby the writ petition has been allowed and it has been held that the employees of the appellant Corporation shall superannuate on completion of 60 years of age, in stead of 58 years.

We have perused the materials on record and considered the submissions of the learned counsel for the parties.

The issue raised in this appeal was subject matter of the judgment dated 08.01.2010, passed by a Division Bench of this Court in L.P.A. No. 812 of 2009, and the analogous appeals (State of Bihar Vs. Braj Mohan Prasad), reported in 2010 (1) P.L.J.R. 707, wherein it has been held that the orders of the learned Single Judges 2 raising the age of superannuation of the employees of Public Sector undertakings of Bihar to 60 years is bad in law. The present appeal is entirely covered by the said judgment.

The appeal is accordingly allowed.

                                          (S. K. Katriar, J.)



Uday/                                      (S. P. Singh, J.)