Judgement

PATHAK, CJI. :- The petitioner Union has filed this petition under Art. 32 of the Constitution complaining that the workmen who are its members were employed in the Karbigahiya Power Station under the control and operation of the respondents, the Bihar State Electricity Board and the Patna Electricity Supply Undertaking, through a contractor, J. N. Sinha and Co., who had been given a contract for the supply of labour. It is alleged that a settlement was reached between the Bihar State Electricity Board and the Bihar State Electricity Supply Workers Union, and that the workmen-members of the petitioner are entitled to its benefits. It is said that the Joint Labour Commissioner of Bihar has directed the Bihar State Electricity Board to extend the benefit of the settlement to those workmen but that there has been no compliance. It is asserted that the workmen are employed for the filling of Boilers/Hoppers in the Karbigahiya Power House, that the job is of a permanent nature, and by not absorbing the workmen the Bihar State Electricity Board and the Patna Electricity Supply Undertaking are violating the terms of the settlement. It is contended that persons similarly placed in