IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 12926 of 2009 Bihar Rajya Path Parivahan Nigam Karamchari Sangathan, Registration No 4061 through its General Secretary Ajit Kumar Mishra, son of late Suresh Mishra, Parmanand Niketanam, Annie Besent Road, P S – Pirbahore, District – Patna – 4 - Petitioner Versus 1 The State of Bihar through the Secretary, Transport Department, Patna, Bihar 2 The Bihar State Road Transport Corporation through its Managing Driector, Sultan Palace, Birchand Patel Path, Patna 3 The Administrator, Bihar State Road Transport Corporation, Sultan Palance, Bir Chand Patel Path, Patna - Respondents *** For the petitioner : M/s K N Choubey, Sr Advocate & Ambuj Nayan Choubey, Advocate For the Corporation : Mr Nand Kr Singh For the S t a t e : M/s P K Verma, AAG XI & Makeshwar Tiwari *** 2 06.10.2009 The petitioner-Union is a Union of Employees of the Bihar State Road Transport Corporation Limited. Their members are ad hoc/temporary/casual employees. Their grievance is that the order of the Apex Court dated 16.12.1987 passed in Civil Appeal No 1509 of 1987 is not being implemented. Earlier, on a letter addressed to this Court, a PIL was instituted by this Court suo motu being CWJC No 973 of 1993 which was disposed of by order dated 21.02.1994 by a Division Bench directing the respondent-Corporation and the State Government to implement the order of the Apex Court with regard to regularisation of ad hoc/temporary/casual employees of the Corporation. The State Government was involved obviously because it had serious 2 financial repercussions. The Union has now, after 15 years, moved this Court yet again for the same very relief for which they had moved the Apex Court in 1987 then this Court in 1993. They apprehend that their services are now to be terminated. On the other hand, fresh employment opportunities are being offered in different branches in the Corporation. This Court cannot shut its eyes to ground realities. Judgments and orders are passed from time to time based on facts as obtaining then. It has no secret that the Corporation is all but become defunct. Everyday writ petitions are being filed claiming arrears of salary, non-payment of retiral dues. The matter had travelled to the Apex Court also and interim directions were issued by the Apex Court to the State Government to grant funds for payments of arrears of retiral dues and salary. The Apex Court constituted Justice Uday Sinha Committee and State Government gave Rs 45 crores for the said purpose. The entire money has been spent. There is hardly any money left with the Corporation even to discharge its daily liability towards retirement dues and current salary. In such a situation to issue a mandamus to regularise services of surplus employees would be not only a futile exercise but would be issuing a writ which cannot be implemented. In such a situation, I am not persuaded to interfere in this matter. However, it is pointed out that recently an advertisement has been issued by the Corporation for recruiting drivers on contract basis for a period of one year only. If persons, who were 3 in employment of the Corporation even though not permanent and had the experience in the Corporation as a driver, they apply pursuant to the said advertisement. The Corporation would consider desirability of employing them giving preference to their experience of work with the Corporation and their long association with the Corporation. Corporation must consider relaxing age also if they are suitable. Similar would be case of other positions as well. On behalf of the Union, it is also submitted that though their members were continuously in service with the Corporation, though not regularised, they were all along paid less than minimum wages. Without going into this aspect, for the present, I may note that if this is happening then on a proper application before appropriate authority, appropriate action can be taken for violation of Minimum Wages Act. It cannot be doubted that Corporation is an instrumentality of the State and it is not desirable nor conceivable that an instrumentality of a State would violate law with impunity. It is a matter which the State Transport Commissioner must look into and take appropriate actions so that there are no violations of the Minimum Wages Act. It is the duty of the State to ensure compliance thereof as well as other statutory requirements. If people have been paid less than the minimum wages prescribed, it will be open to them to raise claims which the Corporation would be bound to consider. The last grievance of the petitioner’s Union is that their 4 members’ services have now been terminated. It is not in dispute that the members of petitioner’s Union are not permanent or regularised employees of the Corporation. They are casual workers or daily wagers. They have no right of continuity moreso in the decimal financial situation of the Corporation. It is open to them to take such remedial measure as may be available to them under the Industrial Disputes Act, if they are so advised. With these observations and directions, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)