SAO Vs. PRESIDING OFFICER LABOUR COURT RANCHI

JUDGEMENT

(1.) These two applicants involving common questions of law and fact and as they arise from the same order were taken up for hearing together and are being disposed of by this common judgment.

(2.) The impugned order in these writ applications has been passed by the Presiding Officer. Labour Court. Ranchi, dated the 1st October, 1983, in B.S. Case No. 7 of 1982 and B S Case No 8 of 1982. The aforementioned B S. Case No. 7 of 1982 arose out of a complaint petition filed by the patitioner of C.W.J C. No. 461 of 1984 (R); whereas, B. S. Case No. 8 of 1982 arose out of a complaint filed by the petitioner of C W. J. C. No. 127 of 1984 (R). The aforementioned order is contained in Aonexure-13 to the writ application in C. W. J. C. No. 127 of 198 (R) and Annexure-14 to "the writ application in C. W. J. C. No. 451 of |984 (R). Both the aforementioned complaint petitions were filed by the petitioners purported to be under Section 26(2) of the Bihar Shops and Establishment Act, 1953 (hereinafter referred to as 'the said Act').

(3.) The facts of the case are as follows. Both the petitioners admittedly were employees within the meaning of the provisions of the said Act and have been working under the respondent No. 2. Admittedly, the petitioners of both the writ petitiones had completed more than six months' employment. The petitioners were chargesheeted by the respondent No. 2 and were also put under suspension. According to the petitioners, no departmental proceeding was initiated against them and they took it that their services had been terminated and, as such they filed two complaint petitions before the respondent No. 1 purported to be under Section 26(2) of the said Act which were registered as B. S. Case No. 13 of 1976 and B. S. Case No. 14 of 1976.