IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1333 of 2008 ====================================================== Shivdeo Chaudhoury son of Sri Yamuna Chaudhoury, resident of Chandra Vihar Colony, At & P.O. Ashiyana Digha Road, P.S. Digha, District – Patna. .... .... Petitioner Versus 1. The State of Bihar through the Agriculture Production Commissioner, Agriculture Department, Govt. of Bihar, Patna. 2. Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna through its Managing Director. 3. The Managing Director, Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna. 4. The Agricultural Production Commissioner, Chairman, Board of Directors, Bihar Fruit & Vegetable Development Corporation Limited, Vikash Bhawan, Agriculture Department, New Secretariat Building, Bailey Road, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.1414 of 2008 ====================================================== Nakul Chandra Pandit, son of Gahan Pandit, resident of village – Vasarriya, P.O. & P.S. – Seemra, Bampastown, Devghat, District Devghar. .... .... Petitioner Versus 1. The State of Bihar through the Agriculture Production Commissioner, Agriculture Department, Govt. of Bihar, Patna. 2. Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna through its Managing Director. 3. The Managing Director, Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna. 4. The Agricultural Production Commissioner, Chairman, Board of Directors, Bihar Fruit & Vegetable Development Corporation Limited, Vikash Bhawan, Agriculture Department, New Secretariat Building, Bailey Road, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.2439 of 2008 ====================================================== Nageshwar Prasad Yadav, son of Late Dhanushdhari Pd. Yadav, resident of village & P.O. Sarsai, P.S. Mahua, Bhaya – Sarai, District Vaishali. .... .... Petitioner Versus 1. The State of Bihar through the Agriculture Production Commissioner, Agriculture Department, Govt. of Bihar, Patna. Patna High Court CWJC No.1333 of 2008 (8) dt.19-12-2012 2 2. Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna through its Managing Director. 3. The Managing Director, Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna. 4. The Agricultural Production Commissioner, Chairman, Board of Directors, Bihar Fruit & Vegetable Development Corporation Limited, Vikash Bhawan, Agriculture Department, New Secretariat Building, Bailey Road, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.2467 of 2008 ====================================================== Ravi Bhushan Pandey, son of Late Chandrika Pandey, resident of village Pandey Nagar, P.O. & P.S. Dharahara, District Vaishali. .... .... Petitioner Versus 1. The State of Bihar through the Agriculture Production Commissioner, Agriculture Department, Govt. of Bihar, Patna. 2. Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna through its Managing Director. 3. The Managing Director, Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna. 4. The Agricultural Production Commissioner, Chairman, Board of Directors, Bihar Fruit & Vegetable Development Corporation Limited, Vikash Bhawan, Agriculture Department, New Secretariat Building, Bailey Road, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.2520 of 2008 ====================================================== Shatrudhan Singh, son of Late Ram Bachchan Singh, resident of village Ghoswar, P.O. & PS. Raguli, District Vaishali. .... .... Petitioner Versus 1. The State of Bihar through the Agriculture Production Commissioner, Agriculture Department, Govt. of Bihar, Patna. 2. Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna through its Managing Director. 3. The Managing Director, Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna. 4. The Agricultural Production Commissioner, Chairman, Board of Directors, Bihar Fruit & Vegetable Development Corporation Limited, Vikash Bhawan, Agriculture Department, New Secretariat Building, Bailey Road, Patna. Patna High Court CWJC No.1333 of 2008 (8) dt.19-12-2012 3 .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.2521 of 2008 ====================================================== Rajeshwar Bhagat, son on Shree Binda Bhagat, resident of village Chouti Digdhi Khurd, P.O. & PS. –Hajipur, District Vaishali. .... .... Petitioner Versus 1. The State of Bihar through the Agriculture Production Commissioner, Agriculture Department, Govt. of Bihar, Patna. 2. Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna through its Managing Director. 3. The Managing Director, Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna. 4. The Agricultural Production Commissioner, Chairman, Board of Directors, Bihar Fruit & Vegetable Development Corporation Limited, Vikash Bhawan, Agriculture Department, New Secretariat Building, Bailey Road, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.2730 of 2008 ====================================================== Laxmi Kant Jha, son of Late Lalan Jha, resident of village – Sukhi Seemra, P.O. Jaithapur, P.S. – Sumha, District Purvi Champaran. .... .... Petitioner Versus 1. The State of Bihar through the Agriculture Production Commissioner, Agriculture Department, Govt. of Bihar, Patna. 2. Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna through its Managing Director. 3. The Managing Director, Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna. 4. The Agricultural Production Commissioner, Chairman, Board of Directors, Bihar Fruit & Vegetable Development Corporation Limited, Vikash Bhawan, Agriculture Department, New Secretariat Building, Bailey Road, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.2860 of 2008 ====================================================== Shatrudhan Paswan, son of Shri Shukhdeb Paswan, resident of village – Chowl Dhanauti, PO. & P.S. – Hajipur, District Vaishali. .... .... Petitioner Versus 1. The State of Bihar through the Agriculture Production Patna High Court CWJC No.1333 of 2008 (8) dt.19-12-2012 4 Commissioner, Agriculture Department, Govt. of Bihar, Patna. 2. Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna through its Managing Director. 3. The Managing Director, Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna. 4. The Agricultural Production Commissioner, Chairman, Board of Directors, Bihar Fruit & Vegetable Development Corporation Limited, Vikash Bhawan, Agriculture Department, New Secretariat Building, Bailey Road, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.5365 of 2008 ====================================================== Chandrika Ravi Das, S/o Dabav Ravi Das, village Pipra, P.O. Jaddumri, P.S. Pipra, District – Patna. .... .... Petitioner Versus 1. The State of Bihar through the Agriculture Production Commissioner, Agriculture Department, Govt. of Bihar, Patna. 2. Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna through its Managing Director. 3. The Managing Director, Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna. 4. The Agricultural Production Commissioner, Chairman, Board of Directors, Bihar Fruit & Vegetable Development Corporation Limited, Vikash Bhawan, Agriculture Department, New Secretariat Building, Bailey Road, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.5383 of 2008 ====================================================== Dashrath Prasad Singh, son of Devki Singh, Village – Niyapur, P.O. & P.S. Fatuah, District – Patna. .... .... Petitioner Versus 1. The State of Bihar through the Agriculture Production Commissioner, Agriculture Department, Govt. of Bihar, Patna. 2. Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna through its Managing Director. 3. The Managing Director, Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna. 4. The Agricultural Production Commissioner, Chairman, Board of Directors, Bihar Fruit & Vegetable Development Corporation Limited, Vikash Bhawan, Agriculture Department, New Secretariat Patna High Court CWJC No.1333 of 2008 (8) dt.19-12-2012 5 Building, Bailey Road, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.5403 of 2008 ====================================================== Vijay Yadav, S/o Ram Laxman Singh, Village – Budhu Chak, P.O. & P.S. – Fatuah, District - Patna. .... .... Petitioner Versus 1. The State of Bihar through the Agriculture Production Commissioner, Agriculture Department, Govt. of Bihar, Patna. 2. Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna through its Managing Director. 3. The Managing Director, Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna. 4. The Agricultural Production Commissioner, Chairman, Board of Directors, Bihar Fruit & Vegetable Development Corporation Limited, Vikash Bhawan, Agriculture Department, New Secretariat Building, Bailey Road, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.5430 of 2008 ====================================================== Rajendra Paswan, S/o Ram Path Paswan, Village Ratanpur, P.O. Bhatheshwar, via & P.S. – Dholi Sakra, District – Muzaffarpur. .... .... Petitioner Versus 1. The State of Bihar through the Agriculture Production Commissioner, Agriculture Department, Govt. of Bihar, Patna. 2. Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna through its Managing Director. 3. The Managing Director, Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna. 4. The Agricultural Production Commissioner, Chairman, Board of Directors, Bihar Fruit & Vegetable Development Corporation Limited, Vikash Bhawan, Agriculture Department, New Secretariat Building, Bailey Road, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.5466 of 2008 ====================================================== Raja Ram Yadav, S/o Charitar Roy, Village Makshoodpur, P.O. & P.S. – Fatuah, District – Patna. .... .... Petitioner Patna High Court CWJC No.1333 of 2008 (8) dt.19-12-2012 6 Versus 1. The State of Bihar through the Agriculture Production Commissioner, Agriculture Department, Govt. of Bihar, Patna. 2. Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna through its Managing Director. 3. The Managing Director, Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna. 4. The Agricultural Production Commissioner, Chairman, Board of Directors, Bihar Fruit & Vegetable Development Corporation Limited, Vikash Bhawan, Agriculture Department, New Secretariat Building, Bailey Road, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.6573 of 2008 ====================================================== Bhaso Prasad Singh, S/o Shiva Prasad Singh, Village & P.O. – Khakhi, Via & P.S. – Warsaliganj, District – Nawada. .... .... Petitioner Versus 1. The State of Bihar through the Agriculture Production Commissioner, Agriculture Department, Govt. of Bihar, Patna. 2. Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna through its Managing Director. 3. The Managing Director, Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna. 4. The Agricultural Production Commissioner, Chairman, Board of Directors, Bihar Fruit & Vegetable Development Corporation Limited, Vikash Bhawan, Agriculture Department, New Secretariat Building, Bailey Road, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.1892 of 2008 ====================================================== Baleshwar Bhagat, son of Bhikan Bhagat, resident of village – Chauti Digdhi Khurd, P.O. & P.S. – Hajipur, District – Vaishali. .... .... Petitioner Versus 1. The State of Bihar through the Agriculture Production Commissioner, Agriculture Department, Govt. of Bihar, Patna. 2. Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna through its Managing Director. 3. The Managing Director, Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna. 4. The Agricultural Production Commissioner, Chairman, Board of Patna High Court CWJC No.1333 of 2008 (8) dt.19-12-2012 7 Directors, Bihar Fruit & Vegetable Development Corporation Limited, Vikash Bhawan, Agriculture Department, New Secretariat Building, Bailey Road, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.1950 of 2008 ====================================================== Amresh Kumar, son of Shree Raj Ballabh Prasad Singh, resident of village & P.O. Jaintipur, P.S. Lalganj, District – Vaishali. .... .... Petitioner Versus 1. The State of Bihar through the Agriculture Production Commissioner, Agriculture Department, Govt. of Bihar, Patna. 2. Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna through its Managing Director. 3. The Managing Director, Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna. 4. The Agricultural Production Commissioner, Chairman, Board of Directors, Bihar Fruit & Vegetable Development Corporation Limited, Vikash Bhawan, Agriculture Department, New Secretariat Building, Bailey Road, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.1951 of 2008 ====================================================== Md. Ibrahim son of Late Neezamuddin, resident of Sarri Gali, Mirshikar toil, P.O. & P.S. Gulzarbagh, Patna-7, District Patna. .... .... Petitioner Versus 1. The State of Bihar through the Agriculture Production Commissioner, Agriculture Department, Govt. of Bihar, Patna. 2. Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna through its Managing Director. 3. The Managing Director, Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna. 4. The Agricultural Production Commissioner, Chairman, Board of Directors, Bihar Fruit & Vegetable Development Corporation Limited, Vikash Bhawan, Agriculture Department, New Secretariat Building, Bailey Road, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.2126 of 2008 ====================================================== Kailash Paswan, son of Late Jagat Paswan, resident of village & P.O. – Shahdullapur, P.S. Lalganj, District Vaishali..... .... Petitioner Patna High Court CWJC No.1333 of 2008 (8) dt.19-12-2012 8 Versus 1. The State of Bihar through the Agriculture Production Commissioner, Agriculture Department, Govt. of Bihar, Patna. 2. Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna through its Managing Director. 3. The Managing Director, Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna. 4. The Agricultural Production Commissioner, Chairman, Board of Directors, Bihar Fruit & Vegetable Development Corporation Limited, Vikash Bhawan, Agriculture Department, New Secretariat Building, Bailey Road, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.2152 of 2008 ====================================================== Md.Jalil, son of Md. Gafoor, resident of village – Maricha, P.O – Sarai, P.S. Sarai, District – Vaishali. .... .... Petitioner Versus 1. The State of Bihar through the Agriculture Production Commissioner, Agriculture Department, Govt. of Bihar, Patna. 2. Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna through its Managing Director. 3. The Managing Director, Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna. 4. The Agricultural Production Commissioner, Chairman, Board of Directors, Bihar Fruit & Vegetable Development Corporation Limited, Vikash Bhawan, Agriculture Department, New Secretariat Building, Bailey Road, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.2309 of 2008 ====================================================== Naresh Kumar, son of Shree Narayan Singh, resident of village – Kurkuri, P.O. & P.S. Phulwarisharif, District – Patna. .... .... Petitioner Versus 1. The State of Bihar through the Agriculture Production Commissioner, Agriculture Department, Govt. of Bihar, Patna. 2. Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna through its Managing Director. 3. The Managing Director, Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna. 4. The Agricultural Production Commissioner, Chairman, Board of Patna High Court CWJC No.1333 of 2008 (8) dt.19-12-2012 9 Directors, Bihar Fruit & Vegetable Development Corporation Limited, Vikash Bhawan, Agriculture Department, New Secretariat Building, Bailey Road, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.2384 of 2008 ====================================================== Shiv Dayal Saw, son of Shree Hanooman Sah, resident of village – Tershi, P.O. - Ratnakar, P.S. Raghupur, District Vaishali. .... .... Petitioner Versus 1. The State of Bihar through the Agriculture Production Commissioner, Agriculture Department, Govt. of Bihar, Patna. 2. Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna through its Managing Director. 3. The Managing Director, Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna. 4. The Agricultural Production Commissioner, Chairman, Board of Directors, Bihar Fruit & Vegetable Development Corporation Limited, Vikash Bhawan, Agriculture Department, New Secretariat Building, Bailey Road, Patna. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.1815 of 2008 ====================================================== Awadhesh Prasad Singh, son of Late Nayan Singh, resident of P.O. – Ram Nagar, Labhar Chak, P.S. Ramdiri, District Begusarai. .... .... Petitioner Versus 1. The State of Bihar through the Agriculture Production Commissioner, Agriculture Department, Govt. of Bihar, Patna. 2. Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna through its Managing Director. 3. The Managing Director, Bihar Fruit & Vegetable Development Corporation Limited, Uddyan Nursery, Old Secretariat, P.S. Sachivalaya, District Patna. 4. The Agricultural Production Commissioner, Chairman, Board of Directors, Bihar Fruit & Vegetable Development Corporation Limited, Vikash Bhawan, Agriculture Department, New Secretariat Building, Bailey Road, Patna. .... .... Respondents ====================================================== For the Petitioners : Mr. Alok Kumar Sinha, Advocate. Mr. Manish Kumar, Advocate. Mr. Indrajeet Bhushan, Advocate. Patna High Court CWJC No.1333 of 2008 (8) dt.19-12-2012 10 For the Corporation : Mr. Sourendra Pandey, Advocate. Mr. Nalin Vilochan Tiwary, Advocate. For the State : Mr. Harendra Pratap Singh, G.A.-8 ====================================================== P R E S E N T : HONOURABLE MR. JUSTICE S.N. HUSSAIN ORDER 8 19-12-2012 All these writ petitions are similar in nature, respondents are the same and the grievances of the petitioners are also the same as they are casual daily wage workers since several decades in the Bihar Fruit & Vegetable Development Corporation Limited (hereinafter referred to as „the Corporation‟ for the sake of brevity) and the reliefs claimed by all of them are for regularization of their services after quashing letters of their termination dated 03.07.2007 (Annexure-1 to all the writ petitions) issued by Managing Director of the Corporation and also for reinstating them back in service with full wages and other consequential benefits after regularization in terms of award dated 22.07.1988 (Annexure-2 to all the writ petitions) passed in Reference Case No.01 of 1987. 2. In the aforesaid circumstances all these writ petitions were taken up as analogous cases and learned counsel for the petitioners and respondents of all the aforesaid cases were heard together and these writ petitions are being decided by this common order. Patna High Court CWJC No.1333 of 2008 (8) dt.19-12-2012 11 3. It is not in dispute that all the writ petitioners worked in the Corporation as casual daily wage workers for several decades and their services were terminated vide order dated 03.07.2007 (Annexure-1) by Managing Director of the Corporation on the basis of the decision of Cabinet of Ministers in 2003 to dissolve the Corporation, which was followed by the decision of Agricultural Produce Commissioner dated 09.05.2006 to end the Corporation, which was communicated vide memo dated 20.06.2006. 4. Learned counsel for the petitioners stated that they had been continuously working since decades in the Corporation till the impugned order dated 03.07.2007 was passed and this fact had not been denied by the respondents in their counter affidavit. It was further stated that in the year 1986-87 the petitioners along with similarly situated daily wage workers had raised an industrial dispute through their Union, namely Bihar Fal, Sabji Vikash Nigam Karamchari Sangh for their regularization in service, whereafter the State Government referred it to the Industrial Tribunal, Patna where it was registered as Reference Case No.01 of 1987, which was contested at length by the petitioners and their co-workers on one side and the Corporation and its authorities on the other Patna High Court CWJC No.1333 of 2008 (8) dt.19-12-2012 12 side, in which evidences were also led on their behalf. 5. However, after appraisal of the pleadings and evidences as well as the decision of Supreme Court dated 16.12.1987 passed in Civil Appeal No.1509 of 1987 the Industrial Tribunal, Patna found that the observations given in the said decision fully applied to the said reference case according to which those workers even if they had been appointed in irregular manner and had completed 240 days, their services had to be regularized and pronounced its award dated 22.07.1988 (Annexure-2), the concluding portion of which reads as follows:- “I would, therefore, give a direction that the Corporation and the Representative of the Union or the workman himself if he so desires will sit together and prepare a list of persons from the record of the Corporation and Ext.66 (filed by the union and those who have completed 240 days according to the method of calculation indicated earlier their services will be regularized by the Corporation. This must be done within four months of the pronouncement of the Award. The Corporation will also prepare a scheme for regularization of those persons who have been working for more than one year as stated above and thereafter those whose services have been regularized will get their pay and allowances equal to the minimum pay in the scale of regularly employed persons in the corresponding cadre of Corporation. This will be effective from the date of the pronouncement of the Award.” 6. Learned counsel for the petitioners submitted that Patna High Court CWJC No.1333 of 2008 (8) dt.19-12-2012 13 the aforesaid award was challenged by the Corporation in this court vide CWJC No.92 of 1989 and after hearing both the parties and after considering the matter in detail a Bench of this court dismissed the said writ petition by its order dated 16.11.1993 (Annexure-3) affirming the award of the Tribunal. The Corporation challenged the order of the learned Single Judge of this Court in L.P.A. No.106 of 1993, but it was also dismissed by a Division Bench of this court vide order dated 06.07.1995 (Annexure-3/A). The Corporation challenged the order of Division Bench before the Apex Court vide Petition for Special Leave to Appeal (Civil) No.25070 of 1995, but the said petition was also dismissed by the Supreme Court vide its order dated 20.11.1995 (Annexure-3/B). 7. Thus learned counsel for the petitioners averred that abovementioned award of the Industrial Tribunal, Patna for regularization of the petitioners and other similarly situated workers in the Corporation was affirmed up till the Apex Court and the Corporation lost at all stages and the award became final and hence the Corporation was bound to implement the said award and to regularize the services of the petitioners, but it completely ignored the said award and never implemented it and forced the petitioners to continue as daily wage workers. Patna High Court CWJC No.1333 of 2008 (8) dt.19-12-2012 14 8. Learned counsel for the petitioners claimed that after the aforesaid award and decisions of the courts of law the Agriculture Department, Government of Bihar also vide its letter dated 10.01.2001 (Annexure-6) issued under the signature of its Joint Secretary advised the Managing Director of the Corporation to regularize the services of 34 daily wage workers including the petitioners. This letter was issued by the Department on the basis of legal opinion of the Advocate General of Bihar dated 12.12.2000 (Annexure-6 series), but the Corporation and its authorities very conveniently ignored the said letter also, whereafter some of the daily wage workers, who were to be regularized along with the petitioners, died. 9. Learned counsel for the petitioners asserted that the reason for removal of the petitioners given in the impugned order dated 03.07.2007 was that Cabinet of Ministers had taken some decision in the year 2003 on the basis of which the Corporation decided to dissolve the Board in 2006, but the said basis was absolutely frivolous and mischievous as the Board or the Corporation has not yet been dissolved. 10. Learned counsel for the petitioners also stated that the respondent-Corporation in a most unfair manner and with malafide intention had relied upon the stale and outdated Patna High Court CWJC No.1333 of 2008 (8) dt.19-12-2012 15 decision of the Council of Ministers dated 20.03.2003 and the Resolution of the Corporation dated 09.05.2006 merely to terminate the services of the petitioners as much before the impugned orders dated 03.07.2007 of petitioners termination from services, the process of revival and restart of Hajipur Unit of the Corporation had already started on 20.03.2007 and all necessary steps were being taken to revive the Hajipur Unit since 20.03.2007 itself and during this process the decision of Council of Ministers of the State of Bihar granting approval for revival was taken on 29.09.2007 and further decision was taken on 22.07.2008 to sanction Rs.274 lacs and Rs.1833 lacs for the financial years 2008-09 and 2009-10 respectively for spending on revival of the Unit of Corporation. All these facts are clear from letter of the Agriculture Department, Government of Bihar dated 04.02.2010 (Annexure-7) issued under the signature of its Joint Secretary. 11. Learned counsel for the petitioners further submitted that the aforesaid facts were also affirmed by fresh notice issued by the Chief Accounts Officer of the Corporation in