JUDGMENT :

This writ petition is under Article 226 of the Constitution of India, whereby and whereunder, the orders dated 22.07.2010 and 12.08.2011 issued under the signature of Director of Personnel, Jharkhand State Electricity Board, Ranchi, by which, the writ petitioner has been dismissed from service.

2. The brief facts of the case, as per the pleading made in the petition, are required to be enumerated as under:-

It is the case of the writ-petitioner that he was married in village Labaga, P.O.-Balkudara, P.S. Patratru District Hazaribag (now Ramgarh) and thereafter started residing in his matrimonial house due to poverty. In the month of July, 1973 he was engaged as labour supply mazdoor by Shri Mukund Sahu, one of the labour supply contractor of Patratu Thermal Power Station. In the year 1975, a list of contractor’s labour/labour supply mazdoors working in the project on the basis of Labour supply through contractors was prepared with a view for giving reference in the employment on casual/contract labour of the project which contained the name of the petitioner, as he was working as contract labour/labour supply mazdoor under Mechanical Maintenance Division of the Project under the contractor, namely, Mukund Sahu.

Further the constant demands were being raised before the authority of project/Board to abolish the labour supply system and appoint the labour supply mazdoors, working against permanent and perennial nature of work, in the regular service of the Board. Thereafter, a memorandum of settlement was arrived at between the Management of Bihar State Electricity Board and their Workmen represented by Bihar State Electric Supply Workers Union, Jakkanpur, New Area Patna in course of conciliation proceeding held by Deputy Commissioner of Labour and Conciliation Officer, Bihar, Patna on 24th June, 1977 and it was agreed vide Agenda item no.7 that Electricity Board shall absorb contract labour/labour supply men working against permanent nature of job or maintenance/operation job in Board’s own cadre.

A decision in this context was sent to all concerned officers of the board including the General Manager-cum-Chief Engineer, Patratu Thermal Power Station, Patratu vide Letter No.626 dated 18th July, 1977 by the Director of Personnel, Bihar State Electricity Board stating therein that Board has agreed to abolish the system of engagement of contract labour/labour supply system against permanent and perennial nature of work and to absorb the existing contract labour/labour supply mazdoor working on permanent nature of job in the Board’s own cadre.

Further due to non-implementation of the agreement dated 24th June, 1977 and for non-fulfillment of other demands, a strike notice was served to the Board by the Bihar State Electric Supply Workers’ Union resulting in tripartite agreement arrived at on 5th November, 1977 between the Bihar State Electricity Board and Bihar State Electric Supply Workers’ Union at the level of Joint Labour Commissioner, Government of Bihar, Patna and it was agreed vide item no.3 of the Memorandum of Settlement that as already agreed vide item no.7 of the agreement dated 24th June, 1977, the Board will take steps to implement it at least in respect of Patratu and Barauni Thermal Power Station by 15th December, 1977.

In the light of the agreement dated 24th June, 1977 followed by the tripartite agreement dated 5th November, 1977, the directions were issued by the Director of Personnel, Bihar State Electricity Board vide its letter no.XIII/Dis-3016/77-1024 dated 7th November, 1977 to implement the settlement dated 5th November, 1977 followed by letter no.XIII/D7-105/77-1010 dated 6th December, 1977. On receipt of directions as aforementioned without calling any applications for the purpose of appointment three sets of office orders were issued by the General Manager-cum-Chief Engineer appointing altogether 664 contract labour/labour supply workers as unskilled Khalasi vide office order no.7898, 7899 and 8000