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1983 Supreme(Pat) 194

NAGENDRA PRASAD SINGH, LALIT MOHAN SHARMA, S.SARWAR ALI
Bijoy Kumar Bharti – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.Sarwar Ali, J.

1. In ten of the writ applications the petitioners are temporary employees of several departments of the Government. Only the petitioners in two writ applications are employees of Sone Command Area Development Agency and Bihar Hill Area Lift Irrigation Corporation. The departments of the Government with which we are concerned are the Forest Department, Agricultural Department, Health Department and Origination Department. Temporary appointment of the petitioners in the various writ applications have been terminated under orders which are challenged in these writ applications.

2. Two main controversies arise in these writ applications. They are:

(a) Whether the Departments, Agency or the Corporation concerned are industry within the meaning of the Industrial Disputes Act, 1947 (the Act), and as such the petitioners are entitled to the protection of Sec.25F of the Act.

(b) Whether the petitioners in all these cases were entitled to be heard before the impugned orders of termination of their services were passed. In other words, whether the concerned respondents, who admittedly were acting administratively, had acted unfairly in passing the impugned orders wit

































































































































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