IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2594 of 2007 PATNA HIGH COURT LAWYER'S ASSOCIATION, through President, of Lawyer’s Association, Patna High Court ….Petitioner Versus 1. THE STATE OF BIHAR through the Chief Secretary, Govt. of Bihar, Old Secretariat, Patna 2. The Secretary, Deptt. of Energy, Govt. of Bihar 3. Bihar State Electricity Board, through its Chairman, Bidyut Bhawan, Bailey Road, Patna 4. Bihar State Electricity Workers Union, Bidyut Bhawan, Bailey Road, Patna 5. Power Engineering Service Association, through J P N Singh, Secretary 6. Bihar Vidyut Takniki Kamgar Union through Deoki Roy, General Secretary 7. Vidyut Kaniya Abhiyanta Sangh through Bhola Nath Singh, General Secretary 8. BSEB Administrative Services Association through Ashok Kumar, General Secretary 9. Bihar State Progressive Electrical Workers Union through Rameshwar Prasad Singh, Working General Secretary 10. Bihar –Jharkhand State Field Kamgar Union, Patna through Amrendra Prasad Mishra, General Secretary 11. Bihar Bijali Mazdoor Union through Arjun Pd. Yadav, General Secretary 12. Bihar Bidyut Takniki Kamgar Union through Upendra Kumar Choudhary, General Secretary 13. Bihar Rajya Vidyut Mazdoor Union (INTUC) through Ram Chandra Prasad, President 14. Bihar Power Workers Union through Mahesh Prasad Sinha, Executive Secretary 15. BSEB Lekha Seva Sangh through Aftab Alam, Joint Secretary 16. Bihar Rajya Vidyut Mazdoor Union (INTUC) through Kaushal Kishore Prasad Singh, General Secretary 17. BSEB Karmik Seva Sangh through Suryabat Prasad Singh, General Secretary 18. Bihar State Electricity Supply Workers Union through Chakradhar Prasad Singh, General Secretary 19. Shri Chakradhar Pd. Singh, General Secretary, All India Trade Union Congress, Kedar Bhawan, Amar Nath Road, Patna 20. Shri Chandra Prakash Singh, President, Indian National Trade Union Congress 21. Shri B K Sinha, General Secretary, Bharatiya Mazdoor Sangh 22. Shri R N Thakur, General Secretary, All India Central Council of Trade Unions 23. Shri Arun Kumar Singh, General Secretary, United Trade Union Centre (Lenin Sarani) 24. Shri Mahesh Prasad Sinha, General Secretary, United Traders Union Congress - 2 - 25. Shri Wakil Thakur, General Secretary, Trade Union Coordinator Committee 26. Shri Agun Yadav, General Secretary, Hind Mazdoor Sabha 27. Shri N K Mahto, General Secretary, Indian Mazdoor Union ……. Respondents ----------- For the Petitioner: Mr. Banwari Sharma Advocate For the State of Bihar: Mr. P K Shahi,Sr. Advocate Advocate General with Mr. M K Thakur For Bihar State Electricity Board: Mr. Y V Giri Sr.Advocate Mr. Vinay Kirti Singh, Mr. Raju Giri For Respondent Union : Mr. Rajiv Roy Mr. Sanjeev Kumar Mishra -------- 13- 5.10.2009 Heard learned counsel for the parties. 2. The employees of the Bihar State Electricity Board represented by different trade unions gave a call for an En Masse strike in February 2007, leading to the present writ petition in the nature of a public interest litigation. By various orders of this Court we appealed to the employees and trade unions to desist from proceeding on strike. The relevant portion of the order dated 27.2.2007 may be reproduced hereinbelow:- “ We also mention that in the light of the observations made hereinabove, the striking Unions or their leaders or their office-bearers should note that such unrepresented crisis arising out of the strike and other incidental actions has caused emergent untold pain, agony, inconvenience, great stress and tension to the entire citizenry of the State of Bihar. Not only that, such crisis, obviously, would affect the interest of patient, requiring emergency service, as well as, failure of electricity has stopped the Railways trains, which would not only affect the interest of the citizens of this State but also the outsiders and such right is not recognized any where creating crisis and allowing great encroachments and infraction of the Constitutional rights of the citizens of the State.” - 3 - 3. The employees and the trade unions responded to the appeal made by this Court, and they did not proceed on strike. This Court acknowledged their response and noted as follows in the order dated 26.2.2008 :- “…..The interest of the Workmen is paramount to the Court and in this Public Interest Litigation, when they have responded positively, we would not like to leave them in lurch.” 4. We fully acknowledge the response of the employees and the trade unions and, therefore, we wish to protect their legitimate interests. The primary question raised by them is that, on account of restructuring of the Bihar State Electricity Board under the provisions of the Electricity Act 2003, their existing terms and conditions of service, emoluments and post-retirement benefits, should remain unaffected. 5. The Secretary, Energy, Government of Bihar, has sworn an affidavit on behalf of the State Government, wherein the following undertaking has been given to this Court :- “4. That consistent with mandate of the Law, Bihar State Electricity Board has also to undergo restructuring. The State Government has undertaken the process of restructuring the Board. Conscious of the interest of serving employees and the protection, which has been extended to them under the Act, it is hereby undertaken that in the process of restructuring, service condition of all serving employees shall not in any way adversely affected. They would continue to serve in the same status and pay scale, which is obtaining on the day any new company, is incorporated or their services are to be transferred to such company whether it be a transmission company or a general company or a distribution company or a holding company as the case may be. They stand fully protected in so far as condition of their service is concerned.” 6. The Bihar State Electricity Board has placed on record - 4 - its second supplementary counter affidavit sworn by its Secretary, paragraph -3 of which is reproduced hereinbelow:- “ 3. That it is stated that on restructuring of the Bihar State Electricity Board and subsequently in the event of transfer of services of its officers and workmen to the newly constituted companies, the status and condition of service of the officers and the workmen as prevailing in the Board will not be adversely affected in any manner. There would be complete continuity of services of the officers and workmen sought to be transferred and handed over to proposed new companies. Even the State Government vide its resolution dated 7.3.2006 (Annexure-D/3 of the earlier counter affidavit filed on behalf of respondent no.3) has taken similar stand. The resolution of the State Government safeguards the status and condition of services of officers and workmen on restructuring of the BSEB. Further the rights of the officers and employees is protected by Section 133 of the Electricity Act 2003.” 7. In view of the undertakings given by the State Government and the Board, we are convinced that the existing terms and conditions of service of including their perquisites, salary, etc. as well as post-retirement benefits, of its employees shall remain unaffected in any event. This fully takes care of the grievances of the employees of the Board and their trade unions. 8. The writ petition is accordingly disposed of. ( S K Katriar ) ( Kishore K Mandal ) mrl