GAUTAM BANERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two writ petitions arising out of a common order of the Labour Court and involving the same disputed have been heard together and are disposed of by this common judgment.

(2.) The petitioners in both the case filed complaints under Section 26(2) of the Bihar Shops and Establishments Act ('BSE Act', for short) challenging separate but identical orders of termination of services. The Labour Court acting as the Authority under the Act has dismissed the complaints as not maintainable holding that in view of the provisions of the Sales Promotion Employees (Conditions of Services) Act, 1976 ('SPE Act', for short), the petitioners may seek their remedy under the Industrial Disputes Act, 1947 ('ID Act', for short). The facts of the case, briefly stated and so far as relevant, are as follows:

(3.) 'Tata Pharma', a division of the Lakme Limited having its registered office at Bombay, is engaged in the manufacture and sale of pharmaceuticals all over the Country. Gautam Banerjee, the petitioner of C.W.J.C. No. 5001 of 1995, joined the Tata Pharma as a Medical Representative on the salary of Rs. 675 per month on 16.8.83. He was promoted as Junior Field Officer and, later, Senior Field Officer. The post of Senior Field Officer was re-designated as Area Field Manager. From the post of Area Field Manager he was promoted to the post of Regional Sales Manager, on remuneration of Rs. 2,700 on 1.1.91. On 24.12.92, he was asked to resign from the service. The petitioner, instead, made representation. His representation was rejected on 31.12.92 and on 4.1.93, his services were terminated. At the relevant time, he was getting salary of Rs. 3,000.00 per month. According to the petitioner during the entire period of his service, his performance had been excellent and it was in recognition of his satisfactory service that he was granted promotions. He filed complaint challenging the order of termination and seeking reinstatement under Section 26(2) of the BSE Act which was registered as BSE Case No. 4/93 before the Labour Court, Patna. The Respondent-Management filed show cause challenging, inter alia, the maintainability of the case. By the impugned order dated 22.5.95 the complaint was dismissed.