MOSTT.SIYA JANKI DEVI, WIFE OF SIGASHAN PANDIT,RESIDENT OF VILLAGE BASRA, P.O. MANJHAWLIA, P.S.MAJHAWALIA, DISTT. BETTIAH (WEST CHAMPARAN) AT PRESENT VILLAGE GAUNAHA, P.O. AND P.S. GAUNAHA, DISTT. BETTIAH ( WEST CHAMPARAN ) Vs. THE STATE OF BIHAR, THROUGH SECRETARY CO

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel appearing for Biscomaun.

(2.) Petitioner's husband was initially a night guard in the service of Bihar State Co-operative Marketing Union Limited ( in short Biscomaun) and as appears from the judgment and order dated 9th May, 1994 passed by the Presiding Officer, Labour Court, petitioner's husband was initially appointed in the year 1968 and subsequently he received some promotions and was working as Assistant District Manager in selection grade since 1-4-1981. His service was terminated by order dated 29-10-1988 which was challenged by him through a complaint under section 26(2) of the Bihar Shops and Establishment Act, 1953. That case was allowed by the judgment and order noticed above and it was held that the employee was entitled of his reinstatement with full back wages.

(3.) Petitioner is wife of the said employee Sigashan Pandit. She has claimed that her husband was unnecessarily implicated in a criminal case. He approached the authorities of Biscomaun for reinstatement but without success although he was even acquitted in the criminal case in the year 1997 and ultimately died on 15-5-2003. This writ petition was filed on 4-7-2007 claiming arrears of salary from 4-10-1988 till the date of death i.e. 15-5-2003.