SHATRUGHANJEE SAHAY Vs. INDUSTRIAL TRIBUNAL PATNA

JUDGEMENT

(1.) In this writ application the petitioner seeks for quashing Annexure-2, by which the claim petition of the petitioner filed under Section 28, Bihar Shops and Establishments Act, 1981 (hereinafter to be referred to as 'the Act') has been partly allowed as well as Annexure-3 by which, the court of appeal under S. 28 (7) of the Act, dismissed the appeal with respect to the rest of the claim. The claim with respect to backwages from 10-12-1973 to 8-2- 1975, was only allowed by the Presiding Officer, Labour Court. The relief with respect to payment of compensation and other claims relating to Bonus, Gratuity, leave pay, retrenchment compensation, and increments etc. were disallowed.

(2.) Brief fact of the case is that the petitioner was appointed as a Store Keeper in the Apna Bazar, Patna, on 15-4-1967 and he was dismissed on 10-12- 1971. This led to the filing of a complaint, by the petitioner under S. 26 (2) of the Act giving rise to Miscellaneous Case No. l of 1972. The petitioner's dismissal, was set aside by the Labour Court on. 27-7-1972 and he was ordered to be reinstated with all his dues. The Apna Bazar Authorities filed a writ petition bearing number C. W. J. C. 1326 of 1972. assailing the order of the Labour Court- directing reinstatement of the petitioner,, which was dismissed on 12-12-1974 by a Bench of this Court. The application for grant of a certificate for leave to appeal to the Supreme Court was also rejected: on 16-1-1976.

(3.) The petitioner having not received the payment of his backwages as well as his other dues filed a claim petition on 28-2-1975 claiming a sum of Rupees 6,930/- on account of wages and also claimed a sum of Rs. 3,000/- by way of compensation and other claims comprising nine items, namely, gratuity, retrenchment compensation, retrenchment salary, interest on the sum, provident fund, increments that he would have been entitled to had he continued in service, leave salary for leave not availed etc. amounting to a sum of Rs. 20,500/- and odd. It is averred that Apna Bazar was taken over with all its assets and liabilities by Bihar State Federation of Wholesale Consumers' Co-operative Ltd., Patna, some time when the writ petition was pending before the High Court i.e. between 1972 to 1973. The petitioner, therefore, impleaded the Managing Director of Bihar State Federation of Wholesale Consumers' Co-operative Ltd.,. Patna, a party along with the Managing Director of Apna Bazar in this application under S. 28 of the Act.