MANAGER ALLAHABAD BANK Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) In this application a prayer is made for quashing an award of the Presiding Officer, Labour Court, Patna, dated the 30th August, 1973, a copy of which has been filed as Annexure 8'.

(2.) Respondent No. 2. Visnudeo Prasad, was appointed as a part-time temporary pass-book writer, in the University Branch of the Allahabad Bank, Patna, by the predecessor-in-office of petititioner No, 1, sometime in the year 1970. It is stated that the remuneration payable to Respondent No. 2 was one-third of the initial full rate payable to a permanent clerk of the said Bank. It is alleged in the writ application that the temporary service of the respondent was allowed to continue till the 9th May, 1972, when it was terminated as no work was left to be done by the said respondent in the Bank. The respondent thereafter filed a petition under Section 26 of the Bihar Shops and Establishments Act, 1953 (hereinafter referred to as the Act) before the Labourt, Court Patna, for reinstatement to his post with all related benefits. A copy of the said petition has been filed as Annexure '3'.

(3.) Before the Labour Court witnesses were examined on behalf of the parties and the main contention on behalf of the petitioners was that it being a termination simpliciter in terms of the contract, the said respondent was not entitled to any relief under Section 26 of the said Act, as it covered only cases of dismissal or discharge and not termination simpliciter.