Harihar Yadav and Others vs The State of Bihar and Others

In a matter of payment of wages and salary to the workmen, the Hon''ble Supreme Court entertained a Public Interest Litigation as back as in the year 2002 as Writ Petition (Civil) No. 488 of 2002 and passed various orders in said petition indicating towards plight of the poor workmen as well as agony and their sufferings. This Court vide judgment dated 16th June, 2011 passed in L.P.A. No. 77 of 2009 and 79 of 2009 held that because of none of the fault of the workmen, they have been crushed by the two mighty States and their instrumentals and directions were given to JHALCO and BHALCO to discharge their duties.

Learned counsel for the petitioner submits that State of Bihar did not choose to challenge the judgment dated 16th June, 2011, therefore, the said judgment attained the finality. It is further submitted that since June, 2011 the State of Bihar has not taken any step to comply with the direction issued in judgment dated 16th June, 2011 and the State of Bihar has not filed any SLP before the Hon''ble Supreme Court. The Hon''ble Supreme Court in S.L.P.(C) No. 30291 of 2011 and connected S.L.Ps made it clear that there is no interim order in favour of State of Bihar and said order was passed in presence of counsel for the State of Bihar, yet they did not choose to comply with the order dated 16th June, 2011.

Learned counsel for the State of Bihar submitted that copy of Contempt Petition has been served upon them on 4th December, 2012 itself, therefore, sometime may be granted for taking instruction from the State of Bihar and particularly from the contemnors.

Learned counsel for the petitioner also drew the attention of this Court on order dated 30.11.2012 in SLP (C) No. 30291 of 2011 wherein the State of Bihar as Respondent no. 8 in the SLP sought time to obtain instruction with regard to the payment of arrears of salary to the erstwhile employees of BHALCO for the period from July, 1995 to 14th November, 2000. Therefore, it indicates that State of Bihar is ready to pay the arrears of salary of the erstwhile employees of BHALCO. Learned counsel for the petitioner further submitted that before the Hon''ble Supreme Court on earlier occasions as well as on 30.11.2012, it was brought to the notice of Hon''ble Supreme Court that contemnors in another connected contempt petition i.e., Cont. Case(C) No. 513 of 2011 specifically JHALCO and the State of Jharkhand are taking time with the plea that contempt petition is pending before the High Court and here before this Court in Contempt Proceeding, they are taking plea that the matter is pending before the Hon''ble Supreme Court in S.L.P.

Be that as it may be, since the State of Bihar has appeared before the Hon''ble Supreme Court, may be as respondents in S.L.P., but there the Hon''ble Supreme Court has taken note of the contention of the Counsel of the State of Bihar that he will be seeking instruction regarding the payment of arrears of salary of erstwhile employees of BHALCO for the period from July, 1995 to 14th November, 2000. Therefore, though it is a very old matter and more than one and half years have already passed to the directions given to the State of Bihar in judgment dated 16th June, 2011, one opportunity is granted to the contemnors to comply with the directions contained in judgment dated 16th June, 2011 lest this Court will constrained to direct the contemnors to remain present in Court in person. Therefore, we are adjourning this matter in the month of February, 2013.

Learned counsel for the petitioner has submitted that Hon''ble Supreme Court has not passed any interim order, therefore, we are making it clear to the contemnors that unless there would be any interim order in favour of the contemnors, this Court may proceed to decide this contempt petition irrespective of the fact of pendency of the S.L.P.

Office is directed to give copy of orders passed in connected Contempt Petition No. 513 of 2011 dated 31st October, 2012, 30th October, 2012 and 26th November, 2012 to the counsel for the contemnors so that facts may remain in their notice. List this case along with Cont. Case (C) No. 513 of 2011 on 5th February, 2013.