POPULAR NURSING HOME Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is a Letters Patent Appeal challenging the judgment dated 20th December, 1994 on C.W.J.C. No. 4008 of 1992: Popular Nursing Home V/s. State of Bihar and Others, [reported in 1995(1) PLJR 750] affirming the award of the labour court passed under the Bihar Shops and Establishments Act, 1953 allowing the application of the employee, respondent no. 2, Mahabir Ojha.

(2.) THIS Court is not going into the merits of the matter as to what may have been the alleged misdemeanour of the employee on which an application has been filed by the employee to claim reinstatement and back wages. Suffice it to say that there is an order in the recorded proceeding that the claim of the employee resulted in award dated 27.3.1992. When the matter came up before their Lordships the Hon ble Mr. B. C. Basak, C.J. and the Hon ble Mr. Choudhary S. N. Mishra, J. the proceedings record that there was a direction that the award of the labour court be implemented by 31st January, 1994. It is unfortunate that this matter at the labour court is still pending.

(3.) THE only, matter pending before the labour court now is the aspect of computation of the benefits which the employee may receive in terms of money and other claims mentioned in Section 28 of the Act. Section 28 of the Act is virtually in the same spirit as Section 33C (2) of the industrial Disputes Act, 1947, in effect, to compute monetary benefits in terms of money.