The State is obligated to act as a model employer consistent with the conscience of a Social Welfare State, and exploitation of labor should be addressed by providing fair wages and benefits.

A.K. Ganguly, J.

This writ petition was filed in the year, 1989 and was admitted by an order dated 8th May, 1990 but since then there is no counter by the State. Nobody has cared to appear when the matter was called on for hearing nor adjournment has been prayed for. After hearing the learned counsel for the petitioners, this Court decides to finally dispose of the matter.

2. This writ petition has been filed by forty eight persons who claim to be employees of the Darbhanga Medical College and Hostel and have been engaged in Darbhanga Medical College and Hospital at Laheriasarai, which is run by the Government of Bihar. Their further case is that they have been working for the last 14 years in the said Darbhanga Medical College and Hostel without any break and. without any complaint from any quarter. They have stated that even today they have been paid monthly salary of Rs.104 as a consolidated amount.

3. It goes without saying that for performance of duties in Darbhanga Medical College and Hostel, the payment of a paltry slim of Rs.104/- as salary per month is a clear instance of exploitation of human labour at the instance of the State. Possibly it will not be disputed that the Government of Bihar functions under the constitutional framework and as the Apex Court has reminded that the State is to act like model employer being consistent with the conscience of a Social Welfare State. In that context the action of the respondents in paying Rs.104/- to the petitioners per month makes it clear that the said concept of social Welfare State has been given a complete go-bye in actual practice.

4. When these petitioners along with some other employees filed a previous writ application before this Court complaining of similar grievance, the writ petition bearing C.W.J.C. No. 2554 of 1981 was disposed of by an order elated 14th August, 1984. In the said writ petition learned Judges of the Division Bench expressed their shock and anguish over the payment of such a meagre sum of Rs.104/- per month to these employees. The said writ petition was allowed to be withdrawn with the observation that the employees in question are entited to be paid at least Rs.300/-per month but unfortunately the position remains the same even today.

5. Be that as it may, learned counsel for the petitioners submits that one Radhika Devi, a similarly placed co-worker, filed another writ petition bearing C.W.J.C. No. 311 of 1991 and the same came up for hearing before a learned Single Judge of this Court and his Lordship by a speaking judgment disposed of the writ petition by directing the respondent no.1, State of Bihar, through the Health Commissioner to take all necessary steps for treating the petitioner and other similarly situated employees of the Hostel of Darbl1anga Medical Collage performing similar duties like with the employees of the Patna Medical College and to give the same benefits. This Court also respectfully agrees with the aforesaid findings given in the order dated 26th July, 1994 in C.W.J.C. No. 311 of 1991.

6. This Court, therefore, disposes of this writ petition by directing the respondent no. 1 to treat all these forty eight petitioners with the similarly situated employees of the Patna Medical College who are performing similar nature of duty. The respondent no. 1 is further directed to place the petitioners in the same scale of pay in which the employees similarly situated are placed in the Patna Medical College and also extend the same benefits which are made available to the employees of the Patna Medical College. It may be noted here in this connection that similar observations were made by the learned Judges of the Division Bench of this Court in their order dated 14th August, 1984. It is further made clear that the respondent no. 1 must comply with the directions given in this judgment within a period of three months from the date of production/receipt of the copy of this judgment.

7. In the result, this writ petition is allowed. I