IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1375 of 2001 1. Bakshi Nitya Prakash aged about 53 years, son of Late Bakshi Alakh Prasad Sinha, General Secretary, Rajya Krishi Udyog Vikash Nigam Employees Union, resident of Mukdumpur, Police Station Digha, District Patna. 2. Bhupendra Jha, aged about 56 years, son of Late Jai Narayan Jha, President, Bihar Agro Officer Association, Sinha Library Road, Police Station Kotwali, District Patna. 3. Dharamnath Singh, aged about 55 years, Bihar Rajya Krishi Udyog Vikash Nigam Karamchari/Padadhikari Sangh, at present residing at L.I.T. Flat No.1/2 Hanuman Nagar, Police Station Kankarbagh, District Patna. 4. Bishwanath Singh, aged about 56 years, son of Late Jatan Singh, President, Bihar State Agro Industries Development Corporation Karamchari Union, Sinha Library Road, Police Station Kotwali, District Patna. ... Appellants. Versus 1. The State of Bihar. 2. The Chief Secretary, Government of Bihar having his office in Old Secretariat Compound, Police Station Sachivalaya, District Patna. 3. The Agriculture Production Commissioner, having his office in Vikas Bhawan, Police Station Sachivalaya, District Patna. 4. The Finance Commissioner, Government of Bihar, having his office in Old Secretariat, Police Station Sachivalaya, District Patna. 5. The Bihar Agro Industries Development Corporation Limited through Managing Director, having his office in Sinha Library Road, Police Station Kotwali, District Patna. 6. The Secretary, Bihar State Agro Industries Development Corporation Limited, Sinha Library Road, Police Station Kotwali, District Patna. ... Respondents. ----------- 06- 20.08.2009 Heard Mr. Vikash Mohan for the petitioners, and Mr. Ritesh Kumar, learned 2 Assistant Counsel to Additional Advocate General No.1. The petitioners of CWJC No.11998 of 1999 (Bhupendra Jha and others vs. The State of Bihar and others), have preferred this appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna, and are aggrieved by the judgment dated 21.9.2001, passed by a learned Single Judge of this Court, whereby the writ petition has been dismissed. 2. It appears that the petitioners (the appellants herein) were the office-bearers of the trade union of Bihar State Agro Industries Development Corporation Limited (hereinafter referred to as the ‘Corporation’). The Corporation went into liquidation and the services of its employees were dispensed with. The writ petition was, therefore, preferred for a direction to the State of Bihar to absorb the employees of the Corporation in various departments of the Government and for payment of arrears of salary. The writ petition has been dismissed on both the counts. 3. In so far as the first issue is concerned, we entirely agree with the order of the learned Single Judge that it is not possible to issue a writ of mandamus to the State of Bihar 3 to absorb the employees of the Corporation in different departments of the State of Bihar. 4. In so far as the second aspect of the matter is concerned, the matter had travelled to the Supreme Court on behalf of employees of some other Corporation and the Supreme Court had constituted a committee in Patna to be presided over by a former Judge of the Patna High Court which was entrusted with the task of determining the question of payment of arrears of salary. The State Government was directed to make available the requisite fund. Indeed the matters before the Supreme Court had started on account of starvation death of some employees of other Corporations. The judgment of the Supreme Court is reported in 2003 (3) P.L.J.R. 17 (S.C.) (Kapila Hingorani Vs. State of Bihar). In other words, the grievances of the employees of the Corporation have been effectively taken care by the aforesaid judgment of the Supreme Court. We, therefore, do not wish to proceed any further in the matter. 5. The appeal is accordingly dismissed. (S K Katriar, J.) (Jyoti Saran, J.) S.K.Pathak/ 4