Aftab Alam, J.

1. These two cases came to be heard before a Bench of three Judges on a reference made by me. Earlier while hearing these cases, sitting singly, I found it difficult to reconcile the views taken in two Division Bench decisions of this Court, one cited in support of the case of the petitioners and the other relied upon by the respondents. I accordingly, made an order of reference indicating the points of deviation in the two decisions.

2. The two petitioners, one in each of these two writ petitions were removed from service of the Bihar Co-operative Marketing Union, Ltd. (the Biscomaun, for short) by orders passed by its Administrator on the ground that their appointment was irregular and illegal. At the time of their removal they were given one months wages in lieu of one months notice (evidently to satisfy the requirements of the Bihar Shops and Establishments Act) but admittedly no show cause notice or an opportunity of hearing was given to the petitioners before passing the order of their removal from service.

3. The petitioners filed, separate writ petitions submitting that their removal from service, without giving them any notice to show cause or an opp