IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7711 of 2006 GAURI KANT JHA & ORS Versus THE BIHAR STATE AGRICULTURE MARKETING BOARD & ORS ----------- 04. 08/08/2008 All the five petitioners have been removed from service vide order dated 26.4.2006. It is not disputed that the petitioners are daily wagers and have been in employment of the then Bihar State Marketing Board after 1988 onwards and had been working as such and had rendered more than 240 days of service in a year. The submission of the learned counsel for the petitioners is that in view of Division Bench decision rendered in the case of Bir Bahadur Roy and others v. The Secretary, Agriculture Produce Market Committee (CWJC No. 334 of 1982) such action has been struck down to be in violation of section 25F of the Industrial Disputes Act. Non-compliance of the provisions of section 25 F has been held to be the reason for the Court to interfere with the orders of administrator. The view rendered by the Division Bench in its decision dated 28th July, 1982 still occupies the field in this regard. In view of the above, the impugned order dated 26.4.2006 is quashed. The matter is remanded to the Administrator of the dissolved Bihar State Marketing Board to examine the question whether the mandatory provision under section 25 F of the Industrial Disputes Act has been taken into consideration before issuance of impugned order dated 26.4.2006 contained in annexure-1. The writ application is allowed with the above direction. rkp (Ajay Kumar Tripathi, J) - 2 -