IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.468 of 2009 1. Ramanuj Prasad Gupta, son of Shree Shukan Prasad Gupta, resident of village-Rampur Nagwan, P. S. Paliganj, District- Patna at present Watchman Building Management Branch, Biscomaun Head Office, Patna. 2. Deen Bhandu Prasad son of late Jagganath Sahay at present posted as Watchman, C.C. A. Depot (Biscomaun), Biscomaun Hazipur, [Vaishali], resident of village Hazipur, P. S. Hazipur, District- Vaishali. 3. Kalicharan Sah son of late Jitan Sah, resident of village Bhitbhairwa, P. S. Gopalganj, District- Gopalganj at present posted as Peon, Central Accounts Branch, Biscomaun, Headquarter, Patna. .. Petitioners/ Appellants Versus 1. Bihar State Co-operative Marketing Union Ltd. (Biscomaun), West Gandhi Maidan, Patna through its Administrator. 2. The Administrator, Biscomaun, West Gandhi Maidan, Patna. 3. The Secretary, Bihar State Cooperative Marketing Union Ltd., (Biscomaun), West Gandhi Maidan, Patna. … Respondents/Respondents. 4. Anil Kumar son of late Mahabir Singh, resident of village & P.O. Sarshoo, P. S. Antari, District- Gaya at present posted at Typist, Biscomaun, Headquarter, Patna 5. Ramjatan Singh, son of Late Yadunandan Singh, resident of village – Nehru Nagar, P. S. Patliputra, District Patna at present posted as Steno, Establishment Section, Biscomaun, Patna. 6. Ramchandra Singh son of late Ramdhani Singh resident of village Bhushaula Deenapur, P. S. Puulwari Sharif, District- Patna at present working as Peon, Fertilizer Section, Biscomaun Headquarters, Patna. 7. Sheo Prasad Singh son of late Babuchand Singh resident of village- Tandapar, P. S. Ghoshi, District Jehanabad at present posted as Peon, Biscomaun, Patna. Proforma respondent/Petitioner. 8. The State of Bihar through Chief Secretary, Secretariat, Patna. .. Respondent/Respondent. ------ For the appellants : Mr. Madhuresh Prasad, Adv. For the respondent : Mr. Rajesh Chaudhary, Adv. ----------- 7. 05.05.2010 In this intra-court, the challenge is to the order dated 25.2.2009 passed by the learned Single Judge in 2 C.W.J.C. No. 4174 of 1997. This Court on 30.4.2010 had passed the following orders:- “ Let this appeal be listed on 5th of May, 2010. On that day the appellants and a representative of the Board of Director shall remain personally present. We have directed for personal appearance and Mr. Madhurendra Prasad, as learned counsel for the appellants submitted that they are inclined to give unconditional apology and would not claim any back wages. It is urged by him that as they are really in difficulty and prepared to repent so that no disciplinary proceeding should be initiated. Mr. Rajesh Prasad Choudhary, learned counsel for respondents no. 1, 2 and 3 shall intimate the competent authority to remain present and also about the purport of the order passed today. We hope and trust the competent authority shall come with appropriate instructions regard being had to the concept that a model employer at times does accept apology belatedly and forgives the employee and more so when they were involved in a general strike and they are not entitled to back wages. The present order is passed without prejudice to the contentions to be raised in this appeal.” In pursuance to the aforesaid order, Mr. Ashok Kumar Jha, Managing Director of Bihar State Co- 3 operative Marketing Union Ltd representing the Board of Directors is present. In course of hearing, a settlement was arrived at which we proceed to record; (a) The appellants shall submit an unconditional apology before the Managing Director within a week hence. (b) After the appellants submit the unconditional apology, Mr. Ashok Kumar Jha, Managing Director shall re-transfer them to Patna and keep them in essential services. (c) The salary that is paid presently to the other workmen working in the essential services shall be given to them. (d) The appellants shall not be entitled to back wages but they shall be given continuity of service. (e) No departmental proceeding shall be initiated against the appellants for 4 their misconduct on their submitting the unconditional apology. The appellants shall be paid the salary from 9.3.2009 as they have been working at Muzaffarpur on pro rata basis regard being had to the concept of parity with other employees working in the field. Before parting with the case, we must record our appreciation for affirmative attitude and positive gesture shown by Mr. Ashok Kumar Jha in getting the matter settled. Recording such concession, the appeal stands disposed of. Kanchan (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)