INDIA MACHINERY STORES PRIVATE LIMITED Vs. PRESIDING OFFICER LABOUR COURT PATNA
LAWS(SC)-1990-4-81
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on April 17,1990

INDIA MACHINERY STORES PRIVATE LIMITED Appellant
VERSUS
PRESIDING OFFICER, LABOUR COURT, PATNA Respondents

JUDGEMENT

- (1.)- This matter had been sent to the Lok Adalat held in this Court on 31 st March, 1990 but the parties did not come to any settlement. Therefore, the matter has been heard today.
(2.)We have looked into the records and have considered submissions advanced before us. The Presiding Officer, Labour Court has found that the claim of the respondent that he was in service as an accountant with effect from 15-8-1968 has been established. He further found that the termination with effect from 4-7-1970 was uncalled for and not justified. With reference to the provisions of S. 26(1) of the Bihar Shops and Establishments Act which were find extracted in the paper book, the Labour Court also found that the action taken was not justified and accordingly it directed "as there is nothing on record to show that the services of the complainant were terminated for a reasonable cause, the order of discharge passed against the complainant is set aside and he is ordered to be reinstated with all his dues from the date of termination of his services till the date of reinstatement."
(3.)This award of the Labour Court has been upheld by the High Court and it has taken the view that the order of termination was not a discharge simpliciter but it was on account of ulterior motives and by way of punishment. Ordinarily with these concurrent findings of the High Court this Court would not have entertained a petition under Art. 136 of the Constitution.
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