MAHENDRA PRASAD SHAHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) this application has been filed for issuance of a writ in the nature of certiorari for quashing the award and order dated August 12, 2000 passed by the labour court, muzaffarpur in reference case no.2 of 1995 and misc. Case no. 24-a of 1992 whereby the prayer of the petitioner for reinstatement and wages for the work done has been rejected.

(2.) shorn of unnecessary details, facts giving rise to the present application are that the state government in exercise of its power conferred under section 10(l)(c) of the industrial disputes act, made the following reference for adjudication by the labour court: 1. Whether the termination of service of mahendra prasad shahi is justified and in accordance with law? 2. If not, then for what relief he is entitled for?

(3.) aforesaid reference led to registration of reference case no. 2 of 1995 in which petitioner as also his employer i.e., superintendent of Shri krishna medical college and hospital, muzaffarpur filed their written statement. According to the petitioner he was employed in Sri krishna medical college and hospital, muzaffarpur (hereinafter referred to as the hospital) @ Rs. 21.75 per day. According to the petitioner he worked till October 7, 1991 when his service was terminated without any notice or payment of retrenchment compensation. The plea of the employer in its written statement was that the petitioner was never appointed on muster roll or otherwise and he never worked as such. It was further averred that there is no sanctioned post and the petitioner is not entitled for any wages.