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2002 Supreme(Pat) 523

AFTAB ALAM
Santu Singh And Chhote Prasad Karn – Appellant
Versus
State Of Bihar – Respondent


Judgment

Aftab Alam, J.

1. These two writ petitions arise from the same set of facts and circumstances and the petitioners in these two cases seek similar reliefs. These two cases were, therefore, heard together and are being disposed of by this common order.

2. The petitioners in these two cases (116 in number in CWJC No. 1503 of 2000 and 81 in CWJC No. 14394 of 2001) are the employees of Fatuha-Phulwari Sharif Gramin Vidyut Sahkari Samiti Limit (the Samiti, hereinafter) which is currently under liquidation. They seek from this Court directions

(i) for their absorption in the service of the Bihar State Electricity Board (the Board, hereinafter and

(ii) for payment of their arrear salary from June, 1996 by the Board.

3. Under a scheme of the Department of Co-operation in the Government of Bihar, the Samiti was set up with the object of supplying electricity to the rural areas around the State capital on co-operative basis. The Samiti was registered under the Bihar Co-operative Societies Act, 1935 , sec. 35 of which provides that on registration a Society would become a body corporate with perpetual succession. On 24.8.1976 the State Government granted to the Samiti necessary licence

































































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