KAPILA HINGORANI versus STATE OF BIHAR

KAPILA HINGORANI versus STATE OF BIHAR

The State of Bihar and (where relevant) Jharkhand have a constitutional obligation to protect the human and fundamental rights of employees of public sector undertakings, regardless of whether a strict legal right to arrears exists. Directions to deposit sums for salary disbursement serve these rights and are not mere one-time arrangements. Applications for review or clarification raising already rejected questions are not maintainable.

Parties
Petitioner: Kapila Hingorani; Respondent: State of Bihar; Respondent: State of Jharkhand
Jurisdiction
India
Judgment Date
13 January 2005
Procedural Posture
Writ Petition (civil) No. 488 of 2002 Under Article 32 / Order on Interlocutory Applications (i.a. Nos. 7, 9 10)
Outcome
Applications disposed of with directions; further orders to be passed after six months
Legal Topics
Article 21 Protection of Employees' Rights, State Obligations in Payment of Salaries, Human Rights and Fundamental Rights of Employees, Division of Assets Post State Reorganisation, Liquidation of Public Sector Undertakings
Constitutional Law Labour Law Human Rights Article 21 Protection of Employees' Rights State Obligations in Payment of Salaries Human Rights and Fundamental Rights of Employees Division of Assets Post State Reorganisation Liquidation of Public Sector Undertakings

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Parties

Kapila Hingorani

Petitioner

State of Bihar

Respondent

State of Jharkhand

Respondent

Procedural Posture

Writ Petition (civil) No. 488 of 2002 Under Article 32 / Order on Interlocutory Applications (i.a. Nos. 7, 9 10)

Legal Issues

  1. 1 Whether the States of Bihar and Jharkhand are constitutionally obliged to protect human and fundamental rights of employees in public sector undertakings with respect to non-payment of salaries
  2. 2 Whether the directions by the Supreme Court regarding deposit of sums for salary payment constitute an enforceable legal right to arrears for employees or are issued in furtherance of their basic rights
  3. 3 Whether JHALCO is the successor to BHALCO and whether employees can be absorbed by JHALCO

Ratio Decidendi

The State of Bihar and (where relevant) Jharkhand have a constitutional obligation to protect the human and fundamental rights of employees of public sector undertakings, regardless of whether a strict legal right to arrears exists. Directions to deposit sums for salary disbursement serve these rights and are not mere one-time arrangements. Applications for review or clarification raising already rejected questions are not maintainable.

Court Disposition

Applications disposed of with directions; further orders to be passed after six months

Orders

  • State of Bihar to deposit Rs. 50 crores within eight weeks
  • State of Jharkhand to deposit Rs. 25 crores within eight weeks