Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India Government Company |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Government Company - Liability of - Company owned by State of Bihar (BHALCO) - Non-payment of salary to its employees - On bifurcation of the State of Bihar, the Company taken over by the State of Jharkhand and named (JHALCO) - Only some of the employees of BHALCO absorbed by JHALCO - Writ petition before High Court by employees seeking their absorption in JHALCO and payment of their due salaries - Both the States denying their liability to pay the salary- Direction by High Court to JHALCO to pay the salaries and absorb the employees of BHALCO - In appeal, the States took the plea that appropriate remedy for the employees was under Companies Act and Industrial Disputes Act - Employees conceded to forego their claim for absorption - Held: When a State is bifurcated, both the States and the Centre are required to take certain decisions under the Act and cannot leave the poor employees high and dry and suffer for no fault of theirs - The employees cannot be directed to seek remedy under Companies Act or Industrial Disputes Act, 1947, since the problem in the present case, is of great magnitude affecting human rights and the purpose of living as enshrined u!Art. 21 of the Constitution - It is also not a case where services of employees have been retrenched or terminated or posts have been abolished - It is not a case where the relief can be confined to the litigant-employees alone - Hence in view of the facts and circumstances of the case, direction to the States to pay the due salary to the employees with interest - Claim for absorption stands closed Bihar Re-organization Act, 2000 - s. 65 - Companies Act, 1956 - Industrial Disputes Act, 1947. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 775 |
Petitioner | State Of Jharkhand And Another |
Respondent | Harihar Yadav And Others |
SCR | [2013] 14 S.C.R. 904 |
Judgement Date | 2013-11-22 |
Case Number | 10515 |
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