KARVY STOCK BROKING LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Writ jurisdiction of this Court has been invoked under article 226 of the Constitution of India for quashing the orders dated 12.12.2008, 17.02.2009 and 26.05.2008 passed by the respondent No.2 in JSE Case No.1 of 2008 whereby present writ petitioner has been directed to reinstate the respondent No.5 with full back wages.

(3.) The respondent No.5-namely, Nilendu Kumar Patra, has been appointed as Office Boy/Assistant in January, 2005 on the pay of Rs.2276/- per month and subsequently, orally terminated from the service w.e.f. 5 th July, 2006. On such termination, the concerned workman has approached the Labour Superintendent, Bokaro for conciliation (date has not been disclosed) which has ultimately resulted in settlement dated 06.09.2007. In terms of settlement, M/s Sunil International (Labour Supply Contractor of the petitioner) has issued an appointment letter dated 03.10.2007 in favour of the respondent No.5 but he has not joined the post rather approached the authority under Section 26 of the Bihar Shops and Establishments Act, 1953 along with limitation petition. The said complaint has been registered as JSE Case No.1 of 2008. The factum of not joining the service in pursuance of the appointment letter dated 03.10.2007 has been communicated to the conciliator vide letter dated 12.12.2007.