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2008 Supreme(Pat) 180

KISHORE K.MANDAL, S.K.KATRIAR
Sanjay Kumar Tiwary & Others – Appellant
Versus
State Of Bihar – Respondent


Judgment

SUDHIR KUMAR KATRIAR, J.

1. Seven appellants have preferred this appeal under clause 10 of the Letters Patent of the Patna High Court, and are aggrieved by the order dated 2.11.1999, passed in C.W.J.C. No.10265 of 1998 (Sanjay Kumar Tiwary and others Vs. The State of Bihar and others), whereby the writ petition has been allowed in part. We shall go by the description of the parties occurring in the writ petition.

2. The facts essential for disposal of this appeal are not in dispute and may be indicated. The writ petitioners (appellants herein) were appointed as a Basic Health Worker or Peon on daily-wage basis in 1991, and continued for about one year or so. Their services were terminated by order dated 10.10.1992, leading to C.W.J.C. No.11289 of 1992. By order dated 6.1.1993, the petitioners had withdrawn the same to seek remedy before the appropriate court under the Industrial Disputes Act 1947 (hereinafter referred to as the Act), which was followed by Reference Case No. 8 of 1994 in terms of Section-10 (1) (c) of the Act, before Labour Court, Chapra. The same was answered in favour of the workmen (the writ petitioners), the order of termination was held to be unreasonab












































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