INSTRUMENTATIONLTD Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) This letters patent appeal is directed against the judgment of a learned single Judge of this Court in C.W.J.C. No. 121 of 1979(R). The writ application was filed by respondent No. 2, Raj Narain Singh, and was allowed on 13th May, 1986.

(2.) The writ petitioner was working under the appellant as a driver. On 7th October 1984, he was served with a show -cause notice along with certain charges and he submitted his reply two days later. The management, after considering his explanation, held him guilty of theft and breach of trust and faith, and in accordance with the Standing Orders, terminated his services and directed certain amounts to be deducted from his dues. A copy of the order was annexed to the writ petition as annexure "I".

(3.) The workman made an application, annexure 2, under Section 26 of the Bihar Shops and Establishments Act (hereinafter referred to as 'the Act') before the Labour Court, Bokaro Steel City, praying for permission to adduce evidence and for finally directing his reinstatement in service with consequential monetary benefits. The management filed its written statement, annexure 3, refuting the allegations. Evidence was led on behalf of both sides. After a detailed examination of the evidence and circumstances, the Labour Court, respondent No. 1, held that the statements made by the workman in his show -cause involved admission of facts which established the charge and there was no reason for interfering with the impugned order of termination The Labour Court further held that as the workman, being a motor transport worker was covered by the provisions of the Motor Transport Workers Act, the application under the Shops Act was not maintainable. The case was thus dismissed by the judgment, annexure 4 to the writ petition. In this background, the workman, Raj Narain Singh, filed the writ application which was registered as C.W.J.C. No. 121 of 1979(R) praying for quashing annexures 1 and 4 and for reinstating him in service with consequential monetary benefits.