BIHAR STATE ELECTRICITY BOARD Vs. DINESH KUMAR SINGH

JUDGEMENT

(1.) L .P.A. No. 240 of 2000, L.P.A. No. 241 of 2000 and L.P.A. No. 322 of 2000 arise out of the common order dated 13.12.1999 passed in C.W.J.C. No. 11410 of 1998, C.W.J.C. No. 179 of 1999. and C.W.J.C. No. 11411 of 1998. L.P.A. No. 479 of 2000 arises out of order dated 18.2.2000 passed in C.W.J.C. No. 181 of 1999. While dismissing C.W.J.C. No. 181 of 1999, the learned Single Judge has relied on an earlier order of this court dated 13.12.1999 passed in C.W.J. C. No. 11410 of 1998 and analogous cases.

(2.) ALL the appeals involve common question of law and, as such, they were heard together and are being disposed of by this common judgment.

(3.) FACTS lie in a narrow compass. Workmen -respondent no. 1 herein were employees of the Bihar State Electricity Board (hereinafter referred to as the 'Board ') and aggrieved by their removal they filed separate complaints before the competent authority under Section 26 of the Bihar Shops and Establishment Act (hereinafter referred to as the 'Act '). The competent authority on fact found that the workmen were employed for a period of more than six months and the order of removal has been passed without giving them a month 'snotice in writing or a month 'swage in lieu thereof. Accordingly it came to the conclusion that their removal from service is in violation of the mandatory provision of Section 26 of the Act. Accordingly, the competent authority directed the Board to restore the workmen to their previous status which they were enjoying prior to termination with full back wages.