LAWS(JHAR)-2024-8-49

RAJU KUMAR PANDEY Vs. STATE OF JHARKHAND

Decided On August 16, 2024
Raju Kumar Pandey Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) By way of filing this writ petition in the nature of certiorari, the petitioner has prayed for setting aside the order dtd. 6/1/2021 passed in B.S.E. Appeal No. 01/2019 (Annexure-6) by the Presiding Officer, Industrial Tribunal Ranchi, whereby the appeal preferred by the petitioner against the order dtd. 3/8/2017 passed by the Assistant Labour Commissioner-cum-Controlling Authority in B.S. Case No. 06/2001 has been dismissed. It has also been prayed for all consequential benefits on the event of the setting aside the impugned order.

(3.) Counsel for the petitioner submits that the petitioner is entitled for his salary, as per his appointment letter, which has not been paid. This fact has been lost sight of by both the Forums. He also submits that when the petitioner was appointed by the appointment letter, the terms and conditions of the appointment letter should have been strictly followed by the employer i.e. respondent No. 3 and the petitioner should have been paid all emoluments and benefits strictly as per the appointment letter. As per him, both the Authorities under the Bihar Shops and Establishment Act, 1983 and the Presiding Officer, Industrial Tribunal, Ranchi as an Appellate Authority have misdirected themselves by dismissing the claim of this petitioner.