Author: Ens & Agencies
Publication: The Indian Express
Date: May 10, 2003
URL: http://www.indianexpress.com/archive_full_story.php?content_id=23619
Coming to the rescue of thousands
of people working in Bihar government corporations without salaries for
years, the Supreme Court on Friday directed the state to deposit Rs 50
crore within two months before the Patna High Court for its disbursal to
the employees.
This interim order was given by
a bench comprising Chief Justice V N Khare and Justice S B Sinha on a public
interest litigation filed by Kapila Hingorani.
The plight of Bihar government employees
was first highlighted by The Sunday Express on August 25 last year.
A series of Express reports called
Bihar's Bloodless Murder provided a graphic account of how nearly 40,000
employees of the Bihar government - from school and college teachers to
typists, clerks, sweepers, accountants - had been reduced to penury, not
paid salaries for at least 10 years.
The Supreme Court bench today directed
the Patna High Court to utilise the money for disbursal of the salaries
of 19 corporations under the Bihar government which had not paid salaries
to their employees for years together.
The petitioner had alleged that
non-payment of salaries had driven the employees to a state of penury and
several had committed suicide, unable to bear the poverty and the pitiable
condition of their family members.
When counsel for Bihar government
B B Singh expressed the state's inability to deposit Rs 50 crore in a month,
the court said the government could deposit Rs 25 crore in the first month
and the balance in the next month.
The court directed the High Court
to dispose all liquidation proceedings in respect of government corporations,
owned and controlled by the state government, as expeditiously as possible
and pass interim orders for sale and disposal of the properties thereof
for utilisation of the same towards payment of employees' salaries.
The apex court directed the High
Court to constitute a committee, comprising retired judges of the High
Court or sitting district judges, to scrutinise the assets and liabilities
of sick government corporations. The committee would submit a report in
this regard to the High Court within three months, the bench said, adding
all expenses of the committee would be borne by the state.
''The High Court shall be entitled
to issue requisite directions to the said committee from time to time as
and when it deems fit and proper,'' the Chief Justice said pronouncing
the interim order. While asking the state to deposit Rs 50 crore, the bench
said ''The High Court shall see to it that the sum so deposited and, or
otherwise received from any source including by way of sale of assets of
the government companies and public sector undertakings, be paid proportionately
to concerned employees wherefore the parties may file their claim before
it.''
''The High Court, however, in its
discretion, may direct disbursement of some funds to the needy employees
on ad hoc basis so as to enable them to sustain themselves for the time
being,'' the Chief Justice said and added that rights of the workmen should
be considered in terms of Section 529 of the Companies Act.
The apex court directed the Union
government to take decision as regards division of assets and liabilities
of the government companies and public sector undertakings between the
states of Bihar and Jharkhand in terms of the State Reorganisation Act
and issued notice to Jharkhand while impleading it as a necessary party
in the case.
In Patna, a wave of jubilation swept
through families of the employees of 19 Bihar government-owned boards and
corporations when they heard of the Supreme Court directions.
''We are thrilled by the apex court
order as it is like the light at the end of the tunnel,'' Gopal Tiwari,
office secretary of Bihar Lok Upkram Bachao Samiti said.
An employee of the Bihar State Industrial
Development Corporation, Tiwari said he had not received salary for over
17 months and added ''the condition of my colleagues is no different.''
''At least four of my colleagues
died either of starvation or due to their inability to pay for medical
treatment. Even an under secretary fainted in his office a couple of days
ago due to hunger. The Minister for Industries was kind enough to hand
over Rs 500 for his treatment but the amount was inadequate,'' Tiwari said.
The apex court order came as succour
to Jagdish Mandal, an employee of the state construction corporation, who
had sought permission of his managing director to sell off one of his kidneys
to pay for the treatment of his ailing wife and a mentally challenged son.
Reacting to the Supreme Court judgement,
Bihar Industries Minister Vishwa Mohan Sharma said the government was yet
to receive a copy of the judgement. ''We will take a stand only after going
through the judgement which will be discussed in the state cabinet,'' he
said.
Labour Minister Upendra Prasad Verma
said the governmemnt would respect the SC verdict and, at the same time,
undertake an exercise to ascertain whether the appointments made to the
different boards and corporations were genuine.
Ashwini Kumar, convener of the Bihar
Lok Upkram Bachao Samiti, claimed at least 1400 employees of various state-owned
corporations and boards had died over the last few years due to starvation
and lack of medical attention.
Parijat Bhattacharjee, an employee
of the Bihar State Agro Industries Corporation whose son Chandan had allegedly
committed self-immolation outside the Patna High Court on August 15 last
year to protest non-payment of salary to his father, could not be reached
for comments.
His colleague Samuel Elias said
Bhattacharjee, his daughter and an ailing son had shifted to Delhi last
month. ''He was totally distraught after Chandan's self- immolation. He
shifted to Delhi and we don't know where he is now,'' Elias said.
