SIYA JANKI DEVI Vs. STATE OF BIHAR

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 Cooperative 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.) AS a result, the decision taken by the respondent-Biscomaun as contained in Annexure-A to the counter-affidavit is found to be not in accordance with law. Hence, the respondent-Authorities are directed to take a decision in respect of claim of petitioner and calculate the lawful dues payable to husband of the petitioner by treating him in service from 29.10.1988 till the date of his superannuation or till 15.5.2003 when he died, whichever is earlier. Such decision shall also keep in view the finding given above that Biscomaun, cannot realize Rs. 31,980/- from the husband of the petitioner in absence of any lawful determination by any competent authority that such amount was payable by the husband of the petitioner to the Biscomaun.