ELECTRICAL EXECUTIVE ENGINEER Vs. SURENDRA PRASAD PANKAJ

JUDGEMENT

(1.) In this application under Article 226 of the Constitution the sole point for consideration is whether the Bihar State Electricity Board (hereinafter referred to as the board) is a " local authority " for the purposes of the Bihar Shops and Establishments Act, 1953 (Bihar Act 8 of 1954) (hereinafter referred to as the Act).

(2.) Respondent 1 was officiating as a clerk of petitioner 1 who is serving under the board as Executive Engineer, Electric Supply Division, Ramna, Muzaffarpur. His services were terminated on 9 November 1960, by respondent 1 and thereupon he filed an application under Section 26 (2) of the Act to the labour court, alleging that he was illegally removed from service. The two petitioners, raised a preliminary objection about the jurisdiction of the labour court to entertain such an application alleging that by virtue of Section 4(2) of the Act, read with Para. 3 of the schedule to that Act, the provisions of the Act are not applicable to officers of local authorities. It was urged that the board was a local authority within the meaning of the Bald Act and that, as respondent 1 was an employee (being a clerk) under the board, he was not entitled to seek relief under the provisions of the Act against the termination of his service. The labour court tried this as a preliminary issue and by its order dated 8 February 1962, rejected this contention, holding that the board was not a local authority as understood in the Act.

(3.) The Act was passed by the Bihar Legislature and the provisions of the Bihar and Orissa General Clauses Act, 1917, would apply for interpreting the statutory expressions occurring in the Act. In Clause (30) of Section 4 of the Bihar and Orissa General Clauses Act, the expression " local authority " has been denned as follows: