BIMAL KUMAR SINHA Vs. SATE OF JHARKHAND : SCHENCK JENSON & NICHOLSON LTD, KOLKATA : MANAGING DIRECTOR, M/S SCHENCK JENSON & NICHOLSON, RANCHI : SR.PERSONNEL & I.R.SCHENCK

JUDGEMENT

(1.) CHALLENGE in this writ application is to the order dated 30.04.2004, passed by the Labour Court, Ranchi in B.S. Case No. 22 of 1999, whereby the petitioner's claim under section 26(2) of the Bihar Shops and Establishment Act, 1953 read with Rule 21 of the Bihar Shops and Establishment Rules, 1953 against the respondent establishment for his reinstatement and for his payment of monetary compensation for the termination of his service was rejected.

(2.) HEARD learned counsel for the petitioner and learned counsel for the respondents.

(3.) AFTER the formation of the new company, by a notification dated 4.3.1996 issued by the previous company, the petitioner's services was transferred to the new company with effect from 1.4.1996 on the same terms and conditions as was made applicable to him under the former company. The transfer and posting of the petitioner with effect from 1.4.1996 was confirmed by the Managing Director of the new Company (Respondent No. 3) vide letter of confirmation dated 30.3.1996. The petitioner's contention is that though, he was appointed on the post Assistant Foreman (Production), but by the nature of the job entrusted to him, he was essentially a Store man and his duties were not connected in any manner with the manufacturing process or with any subject matter relating to the manufacturing process or with any kind of work connected with the manufacturing process.