STATE BANK OF INDIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing , the order dated 19.9.1988 passed by Presiding Officer, Labour Court, Patna, in B.S.E.Case no. 4/80 whereby preliminary objection regarding maintainability of the application filed before Labour Court raised by the petitioner has been rejected.

(2.) SHORT facts are that respondent no.3 Surendra Prasad Singh was appointed as Cashier in State Bank of India temporarily and his service was terminated on 9.9.1974, but he was reinstated in service on 23.1.1979. Subsequently, his service was again terminated by notice dated 2.1.1980. Respondent no. 3 thereafter made an application under section 26(2) of the Bihar Shops and Establishments Act, 1953 (hereinafter referred to as the Act) before statutory authority constituted thereunder in the year 1980 which gave rise to B.S.E.Case no. 4/80 assailing his aforesaid termination by the Bank.

(3.) THEREAFTER on 12.9.1988 another petition was filed before the Labour Court on behalf of the Bank on the same very ground which has been rejected by order dated 19.9.1988, contained in Annexure -1 holding that the notification dated 13.8.1985 was prospective; as such, the same will not affect the present case which was pending before the Labour Court from before the issuance of the said notification. Hence, this writ application.