RAM NARESH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Letters Patent Appeal is preferred against the order dated 21.7.2006 passed in CWJC No.2669 of 1999(R), dismissing the writ petition and declining to issue direction for reinstatement of the appellant with full back wages.

(2.) The Appellant was appointed on 3.9.1976 as a Security Guard by the 2nd respondent- Bharat Refractories Limited. The services of the appellant was terminated on 27.10.1980. Pursuant to the representation by the appellant, he was allowed to resume duties with effect from 6.9.1980 till 14.4.1981. On 15.4.1981, the appellant was again orally terminated by the Security Officer of the 2nd respondent without any notice and without following the principles of natural justice. The appellant filed an application under Section 26 of the Bihar Shops and Establishment Act and the same was registered as B.S.E. Case No.1 of 1991. By order dated 26.6.1992 the Presiding Officer, Labour Court, Bokaro Steel City in B.S.E. Case No.1 of 1991 dismissed the complaint holding that the Labour Court had no jurisdiction to entertain the complaint, in view of the fact that the provisions of Bihar Shops and Establishment Act, 1953 would not be applicable, in the facts and circumstances of the case. It was observed that the appellant is at liberty to raise an industrial dispute and get the same referred under Section 10(1)(c) of the Industrial Dispute Act, 1947 for adjudication.

(3.) Being aggrieved by the dismissal of his application, the appellant filed CWJC No.2669 of 1999. Vide order dated 21.7.2006, the learned Single Judge dismissed the writ petition holding that the Labour Court did not commit any wrong in deciding the question of jurisdiction as a preliminary issue. The learned Single Judge further held that the reason assigned by the Labour Court that the 2nd respondent-Company was engaged in production, manufacture and marketing of the Fire Bricks etc., which was under the control of the Union, and, therefore not a "Establishment" within the meaning of Bihar Shops and Establishment Act, is perfectly legal and valid and on those findings dismissed the writ petition.