IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14607 of 2009 1. RAMESHWAR TIWARI S/O LATE BALESHWAR TIWARI VILL- RAMPUR, P.O. & P.S. REVELGANJ, DISTT. SARAN (CHAPRA) Versus 1. THE PRINCIPAL SECRETARY-CUM-CHAIRMAN OF BIADA NEW SECRETARIAT BUILDING, BAILEY ROAD, PATNA 2. THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY THROUGH ITS MANAGING DIRECTOR UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 3. THE MANAGING DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 4. THE SECRETARY OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 5. THE EXECUTIVE DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 with CWJC No.14608 of 2009 1. SATYA NARAYAN PASWAN S/O LATE JHARI PASWAN VILL- REGHEPURA, P.S. BAHADURPUR, DISTT. DARBHANGA Versus 1. THE PRINCIPAL SECRETARY-CUM-CHAIRMAN OF BIADA NEW SECRETARIAT BUILDING, BAILEY ROAD, PATNA 2. THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY THROUGH ITS MANAGING DIRECTOR UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 3. THE MANAGING DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 4. THE SECRETARY OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 5. THE EXECUTIVE DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 with CWJC No.14617 of 2009 1. CHANDESHWAR PASWAN S/O RUDAL PASWAN VILL & P.O. MIRZAGANJ, P.S. MAHUA, DISTT. VAISHALI Versus 1. THE PRINCIPAL SECRETARY-CUM-CHAIRMAN OF BIADA NEW SECRETARIAT BUILDING, BAILEY ROAD, PATNA 2. THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY THROUGH ITS MANAGING DIRECTOR UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 3. THE MANAGING DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 4. THE SECRETARY OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 5. THE EXECUTIVE DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 with CWJC No.14629 of 2009 1. DINESH PRASAD S/O LATE PUNIT PRASAD, R/O VILL & P.O- ITASANG, POLICE STATION-RAHUI, DISTT- NALANDA Versus - 2 - 1. THE PRINCIPAL SECRETARY-CUM-CHAIRMAN OF BIADA NEW SECRETARIAT BUILDING, BAILEY ROAD, PATNA 2. THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY THROUGH ITS MANAGING DIRECTOR, UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 3. THE MANAGING DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 4. THE SECRETARY OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY, UDYOG BHAWAN, EAST GANDHI MAIDAN,PATNA-4 5. THE EXECUTIVE DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 with CWJC No.14639 of 2009 1. BUDHAN THAKUR S/O LATE NATHUNI THAKUR VILL & P.O. BAJITPUR, P.S. BAJITPUR, DISTT. VAISHALI Versus 1. THE PRINCIPAL SECRETARY-CUM-CHAIRMAN OF BIADA NEW SECRETARIAT BUILDING, BAILEY ROAD, PATNA 2. THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY THROUGH ITS MANAGING DIRECTOR UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 3. THE MANAGING DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 4. THE SECRETARY OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 5. THE EXECUTIVE DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 with CWJC No.14648 of 2009 1. MD.SHARFUDDIN S/O LATE RAFIQUE AHAMD R/O ROAD NO.5, NEW KARIMBAGH, P.S-CIVIL LANE, GAYA, DISTT- GAYA Versus 1. THE PRINCIPAL SECRETARY-CUM-CHAIRMAN OF BIADA NEW SECRETARIAT BUILDING, PATNA 2. THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY THROUGH ITS MANAGING DIRECTOR, UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 3. THE MANAGING DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY, UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 4. THE SECRETARY OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY, UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 5. THE EXECUTIVE DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY, UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 with CWJC No.14657 of 2009 1. CHUNMUNA DEVI W/O LATE RAM PRASAD THAKUR R/O VILL &P.O- GAJADHARGANJ, POLICE STATION & DISTT- BUXAR Versus 1. THE PRINCIPAL SECRETARY-CUM-CHAIRMAN OF BIADA NEW SECRETARIAT, PATNA 2. THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY THROUGH ITS MANAGING DIRECTOR, UDYOG BHAWAN, EAST GANDHI MAIDAN PATNA-4 3. THE MANAGING DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY, UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 - 3 - 4. THE SECRETARY OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 5. THE EXECUTIVE DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY, UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 with CWJC No.14673 of 2009 1. SHARDA KANT THAKUR S/O LATE BHUNI THAKUR VILL & P.O. SHUGAUNA, P.S. RAJ NAGAR, DISTT. MADHUBANI Versus 1. THE PRINCIPAL SECRETARY-CUM-CHAIRMAN OF BIADA NEW SECRETARIAT BUILDING, BAILEY ROAD, PATNA 2. THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY THROUGH ITS MANAGING DIRECTOR UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 3. THE MANAGING DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 4. THE SECRETARY OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 5. THE EXECUTIVE DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 with CWJC No.14687 of 2009 1. BHOGI LAL YADAV S/O KUSHUM LAL YADAV VILLAGE & P.O.- NAWA BHAKHAR, P.S.- KISHANPUR, DISTT.- SUPAUL Versus 1. THE PRINCIPAL SECRETARY-CUM-CHAIRMAN OF BIADA NEW SECRETARIAT BUILDING, BAILEY ROAD, PATNA 2. THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY THROUGH ITS MANAGING DIRECTOR UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 3. THE MANAGING DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY, UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 4. THE SECRETARY OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY, UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 5. THE EXECUTIVE DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY, UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 with CWJC No.14688 of 2009 1. SMT.SHILA DEVI W/O LATE GOPAL YADAV VILL.- BELA SHANKAR, P.S.- LALBAGH, DISTT.- DARBHANGA Versus 1. THE PRINCIPAL SECRETARY-CUM-CHAIRMAN OF BIADA NEW SECRETARIAT BUILDING, BAILEY ROAD, PATNA 2. THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY THROUGH ITS MANAGING DIRECTOR UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 3. THE MANAGING DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY, UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 4. THE SECRETARY OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY, UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 5. THE EXECUTIVE DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY, UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 with CWJC No.14715 of 2009 - 4 - 1. CHANDAN KUMAR S/O LATE RAJENDRA PRASAD VILLAGE & P.O.- B.V. COLLEGE, P.S.- AIRPORT, DISTT.- PATNA Versus 1. THE PRINCIPAL SECRETARY-CUM-CHAIRMAN OF BIADA NEW SECRETARIAT BUILDING, BAILEY ROAD, PATNA 2. THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY THROUGH ITS MANAGING DIRECTOR UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 3. THE MANAGING DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 4. THE SECRETARY OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 5. THE EXECUTIVE DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 with CWJC No.14716 of 2009 1. SHANKAR BAHADUR S/O LATE KAJI NARAYAN BAHADUR R/O Vill & P.O. - B.V. COLLEGE, P.S.- SHASTRI NAGAR, DISTT.- PATNA Versus 1. THE PRINCIPAL SECRETARY-CUM-CHAIRMAN OF BIADA NEW SECRETARIAT BUILDING, BAILEY ROAD, PATNA 2. THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY THROUGH ITS MANAGING DIRECTOR UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 3. THE MANAGING DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 4. THE SECRETARY OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 5. THE EXECUTIVE DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 with CWJC No.14718 of 2009 1. RAM SEVAK PRASAD CHOUDHARY S/O LATE DWARIKA PRASAD CHOUDHARY VILL.- RIKABGANJ, P.S.- MALSALAMI, DISTT.- PATNA Versus 1. THE PRINCIPAL SECRETARY-CUM-CHAIRMAN OF BIADA NEW SECRETARIAT BUILDING, BAILEY ROAD, PATNA 2. THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY THROUGH ITS MANAGING DIRECTOR UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 3. THE MANAGING DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 4. THE SECRETARY OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 5. THE EXECUTIVE DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 with CWJC No.14738 of 2009 1. RAM NATH SAHU S/O LATE KAMLA KANT SAHU VILL.- AMNI, P.O. & P.S.- DIGHWARA, DISTT.- SARAN AT CHAPRA Versus 1. THE PRINCIPAL SECRETARY-CUM-CHAIRMAN OF BIADA NEW SECRETARIAT BUILDING, BAILEY ROAD, PATNA - 5 - 2. THE BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY THROUGH ITS MANAGING DIRECTOR UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 3. THE MANAGING DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 4. THE SECRETARY OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 5. THE EXECUTIVE DIRECTOR OF BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG BHAWAN, EAST GANDHI MAIDAN, PATNA-4 ----------- For the petitioners :- 1. Mr. Basant Kumar Choudhary, Senior Advocate. 2. Mr. Ranjan Kumar, Advocate. For BIADA :- 1. Mr. Lalit Kishore, Senior Advocate. 2. Mr. Piyush Lall, Advocate. 3. Smt. Binita Singh, Advocate. ====== 2. 06.11.2009. Heard learned counsel for the petitioners and the Counsel for the Bihar Industrial Area Development Authority (hereinafter referred to as “BIADA”). 2. Petitioners in these applications are the ex employees of BIADA whose services have been dismissed by the Managing Director under orders contained in Annexure-1 to the writ applications. Against the dismissal order petitioners have filed appeal which is pending before the Chairman of the BIADA and 17/24.11.2009 is the date fixed for hearing the appeal. It is submitted on behalf of the petitioners that others who were also dismissed under order, Annexure-1 approached this Court and the matter was finally settled by the Division Bench of this Court in L.P.A. No. 742 of 2009 and other analogous appeal(s) vide order dated 10.08.2009. The case of the petitioners herein is also require to be considered and disposed of by the learned appellate authority, the Chairman, BIADA, in the same terms which is contained in order dated 10.08.2009 passed in L.P.A.No. 742 of 2009. The petitioners have undertaken to appear - 6 - before the appellate authority either on 17th November, 2009 or on the next date fixed in the appeal. 3. Having heard counsel for the petitioners and BIADA, I direct the appellate authority, namely, Chairman, BIADA to consider the appeal of the petitioners on 17.11.2009 or on the next date convenient to the Chairman and dispose of the same in terms of the orders dated 10.08.2009 passed in L.P.A. No. 742 of 2009 in accordance with law. It goes without saying that the undertaking recorded on behalf of the petitioners that they shall not claim back wages for the period during which they remained out of job shall not deprive them to claim continuity of service. 4. The writ applications are, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)