LAWS(PAT)-2017-3-38

SATENDRA KUMAR Vs. STATE OF BIHAR

Decided On March 18, 2017
SATENDRA KUMAR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard Mr. Binit Kumar, learned counsel for the petitioner and Mr. Madhav Prasad Yadav, learned Government Pleader 23 for the State.

(2.) The claim of the petitioner filed under the provisions of Minimum Wages Act, 1948 (for short 'the Act') having being allowed by the Authority vide order dated 19.06.2013 under Sec. 20(3)(ii) of the Act, has been reversed by the Appellate Authority vide order dated 26.05.2014 in Minimum Wages Appeal Case No. 1 of 2013-14 preferred by the private respondent nos. 6 and 7. Hence this writ application has been filed challenging the aforesaid order dated 26.05.2014.

(3.) The facts of the case, in brief, are that the petitioner was employed as dresser in Magadh Homeopathic Medical College and Hospital, Biharsharif, Nalanda (for short 'the College'). The College is a private institution running under its Governing Body under the control of Central Council of Homeopathic and its acts and regulations. The College put him under suspension on 11.08.2010 on account of his misconduct and misbehaviour in the college premises with other employees as well as college administration. Thereafter, a show-cause was issued against him and a departmental proceeding was also initiated. The reply of the show-cause was found unsatisfactory and, as a consequence thereof, the governing body terminated him from service with effect from 08.01.2011.