CHANDRA SHEKHAR MISHRA Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THE petitioner filed an application under Sec.28(1) of the Bihar Shops and Establishment Act, 1953 read with Rule 22 of the Bihar Shops and Establishment Rules, 1955 before the Presiding Officer, Labour Court, Ranchi, which was registered as B.S. Case No. 14 of 1992 stating inter alia that he was initially employed in the High Tension Insulator Factory as clerk -cum -typist. He also worked as Chaser in the despatch section and thereafter he was posted in the Accounts Department where he used to maintain the store ledger and then since January, 1980 he was posted in the despatch section. Subsequently, on 28.1.1981 the petitioner was put under suspension due to the alleged involvement in a criminal case. The order of suspension was followed by the charge -sheet and then he was proceeded departmentally and ultimately the order of dismissal from service was passed on 25.10.1993.

(2.) THE petitioner filed an application under Sec.26(2) of the Bihar Shops and Establishment Act, 1953 before the Presiding Officer, Labour Court, Ranchi which was registered as B.S. Case No. 9 of 1984 praying his reinstatement from dismissal of service.

(3.) THE petitioner demanded, by filing a representation amount in lieu of difference of wages during the suspension period from 1.2.1981 to 24.10.1983 and then full wages after his termination along with all other emoluments payable to him such as Wages, D.A., Increments, Promotional benefits, House rend allowance, leave salary, bonus and other admissible allowances. He did not receive any amount in lieu of back wages as claimed by him and then he filed an application under Sec.28(1) of the Bihar Shops and Establishment Act, 1953 before the Presiding Officer, Labour Court which was registered as B.S. Case No. 14 of 1992. The petitioner as well as the respondent Nos. 2 to 4 adduced oral as well as documentary evidence before the Presiding Officer, Labour Court.