Bihar State Scheduled Caste Co-operative Development Corporation Limited vs Shankar Prasad and Others

This appeal is directed against the Order dated 19.4.2001 passed in C.W.J.C. No. 7756 of 1996 by a learned single Judge of this Court whereby the order of disengagement of the daily rated employee has been set aside with a direction to reinstate them. The learned single Judge passed the aforesaid order in terms of the order passed by this Court in C.W.J.C. No. 9376 of 1996 disposed of on 16.2.2001, whereby similar order of termination was set aside with a direction for reinstatement of the employees.

Having heard the learned Counsel for the Appellants, we do not find any infirmity in the order of the learned single Judge specially taking into consideration the observations made in paragraph-6 of the order of the learned single judge which runs as follows:

Before parting with this judgment this Court would like to clarify that in case the Respondent-Corporation, after careful analysis of its job requirement for daily wagers and alter examining its financial position comes to a fresh decision that it is not possible or desirable to continue the daily wagers in service then it may resort to retrenchment in accordance with law keeping in mind the well established principle of last come first go so that such retrenchment may not be in teeth of Articles 14 and 16 of the Constitution of India.

In view of the aforesaid observation it is for the Corporation to proceed and take steps in accordance with law.

With the aforesaid observations this appeal is disposed of.