MOHAMMAD ALI, SON OF SRI FAUJDAR MIAN, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH THE COMMISSIONER

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench of this Court on 7th of August, 2012 in C.W.J.C. No. 2723 of 2011 whereby, a writ application filed by the appellants for quashing of an order passed by the Assistant Labour Commissioner-cum-Settlement Officer, Siwan to agitate the issue of termination under the provisions of Industrial Disputes Act, 1947 (hereinafter referred to as the Act ) was declined in view of the decision of this Court as well as of the Hon'ble Supreme Court.

(3.) The appellants were engaged on daily wages. Their services were terminated and on a Reference under Section (10)(i)(c) of the Act, the Labour Court passed an Award dated 22nd of May, 1993 of reinstatement with full back wages in view of the fact that their services were terminated without complying with the provisions of Section 25F of the Act. Such Award of the Labour Court was challenged by the State before this Court in C.W.J.C. No. 9763 of 1994 (State of Bihar & Anr. v. Presiding Officer and others) . The writ application was allowed partly when the back wages were ordered to be paid from the date of the Reference. The said order has attained finality.