Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India I 950: Article 2 I-Employees of Public Sector Undertakings in States of Bihar and Jharkhand-Non-payment of salary for a long time |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Constitution of India, 1950: Article 21-Employees of Public Sector Undertakings in States of Bihar and Jharkhand-Non-payment of salary for a long time-leading to loss of lives-Order of Supreme Court*-Interim applications for implementation of-Held, human right and fundamental right of employees are to be protected by State-State has a constitutional obligation and acts in a fiduciary capacity vis-a-vis performance of its constitutional duties and functions by the public sector undertakings as it has constitutional obligations in relation thereto-- State of Bihar in response to the applications filed by the petitioner cannot be permitted to raise questions which have expressly been rejected-It cannot seek a review of the said judgement indirectly which it could not do directly-- Even for such matters, an application for clarification would not be maintainable-state of Bihar cannot take a stand now that it does not have any constitutional obligation towards a section of citizens, viz. the employees of the public sector undertakings who have not been paid salaries for years- its plea that the directions issued were only one-time direction can also not be accepted-In clause 4 of the direction, it was clearly stated that the State for the present shall deposit a sum of Rs. 50 crores before the High Court for disbursement of salaries to the employees of the Corporation and the matter was directed to be listed again-The directions of this Court could not be complied with having regard to the fact that only six crores were left with the Committee-It is true that a new corporation named as JHALCO has come into being, but keeping in view of the fact that the State of Jharkhand itself has given option to the employees of BHALCO, the order of absorption of those employees who opt for employment may be passed at an early date-The employees concerned need not file any undertaking at this stage as the question as to whether the State of Jharkhand is liable to pay any salary and other emoluments to the employees of BHALCO is a question which would fall for decision in an appropriate proceeding-Keeping in view the fact that despite this Court's order dated 6th May, 2003, five persons have lost their lives owing to non-payment of salaries and keeping in view the order of the Central Government dividing the assets and liabilities between the States of Bihar and Jharkhand in relation to certain State Undertakings, State of Bihar is directed to deposit a sum of Rs.50 crores and the State of Jharkhand a sum of Rs.25 crores-The Committee constituted by the Patna High Court would continue to function-The Patna High Court and the Jharkhand High Court would pass appropriate orders in the liquidation proceedings filed by the States of Bihar or Jharkhand, as the case may be, as expeditiously as possible-Any amount paid to the employees concerned shall be subject to the orders passed by the appropriate court of law in this behalf and the amount so paid to them shall be duly credited. In its order dated 9th May, 2003 *, this Court considered the matter from the human rights aspect as also the fundamental rights of the employees of the public sector undertakings operating in the State of Bihar-It is made clear that these directions have not been issued to the States of Bihar and Jharkhand on the premise that they are bound to pay the salaries of the employees of the public sector undertakings but on the ground that the employees have a human right as also a fundamental right under Article 21 which the State is bound to protect-These directions as also the directions issued by this Court on 9th May, 2003* are in furtherance of the human and fundamental rights of the employees concerned and not by way of an enforcement of their legal right to arrears of salaries-The amount of salary payable to the concerned employees or workmen would undoubtedly be adjudicated upon in the proper proceedings. |
Judge | N/A |
Neutral Citation | 2005 INSC 31 |
Petitioner | Kapila Hingorani |
Respondent | State Of Bihar |
SCR | [2005] 1 S.C.R. 456 |
Judgement Date | 2005-01-13 |
Case Number | 488 |
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