The aforesaid judgment and order by the Division Bench has been assailed by the State of Jharkhand, State of Bihar, JHALCO and BHALCO.
In the said writ petition I.A. No.
From the report of the Committee which was placed before the Court it appeared that a sum of Rs.25,98,65,883.00 had been recommended for payment to the employees of most of the undertakings.
21 of 2007 was filed which was decided on 8.7.2008 vide Kapila Hingorani and another v. State of Bihar and another14, wherein the principal relief sought was for issue of a direction to the respondent State JHALCO to immediately companyply with the order dated 13.1.2005 and pass the order of absorption in JHALCO with respect to 213 employees listed in the letters issued by MD, JHALCO on various dates annexed to the IA , pursuant to the order dated 13.1.2005 leaving the employees who have died.
In the said case I.As 7 and 9 were filed which were decided on 13.1.2005 as reported in Kapila Hingorani v. State of Bihar13.
Be it numbered, two review applications that had been filed by BHALCO having been rejected it has preferred two appeals, by special leave, assailing the said orders of rejection.
While dealing with JHALCO and BHALCO the Court addressed I.A. No.
Eventually, the Managing Director of JHALCO passed an office order on 17.4.2004 in respect of one of the employees of BHALCO which has been brought on record as a sample order.
While dealing with the prayer the Court adverted to the history of the litigation, the further death that had occurred with the efflux of time as the employees had companymitted suicide due to starvation and thereafter proceeded to dwell upon various facets.
79 of 2009.
7 of 2004 and took numbere of the respective affidavits.
It has further been affirmed that instead and in place of BHALCO, a new companyporation known as JHALCO had been incorporated and registered with the Registrar of Companies, Jharkhand on or about 22 3 2002.
The stand of JHALCO in the said case, as has been numbericed by this Court, is as follows The State of Jharkhand has also been impleaded as a party herein and it has filed a companynter affidavit affirmed by one Shri Binod Kumar Verma, Managing Director, JHALCO, Ranchi wherein a companytention is raised that BHALCO is still under the companytrol of the State of Bihar.
Being dissatisfied with the aforesaid judgment and order the State of Jharkhand and its functionaries preferred LPA number 77 of 2009 and JHALCO preferred LPA No.
The Court took numbere of the fact that in pursuance of the order dated 9.5.2003 it had directed to deposit Rs.50 crores and in furtherance of the said direction the State of Bihar had deposited a sum of Rs.50 crores and the High Court of judicature at Patna had companystituted a Committee headed by Justice Udai Sinha, former Judge of Patna High Court.
