MD FAKHRUDDIN Vs. PRESIDING OFFICERS LABOUR COURTS BHAGALPUR
LAWS(PAT)-1979-12-12
HIGH COURT OF PATNA
Decided on December 11,1979

MD.FAKHRUDDIN Appellant
VERSUS
PRESIDING OFFICERS LABOUR COURTS BHAGALPUR Respondents

JUDGEMENT

B.P.Jha, M.P.Verma, JJ. - (1.)The workman has challenged the validity of an order as contained in annexure 6 in a Writ Petition. Annexure-6 contains the order of the Labour Court under Section 26 (5) of the Bihar Shops and Establishments Act, 1953 (Act VIII of 1954) (hereinafter referred to as 'the Act').
(2.)In the present case, there was a domestic enquiry by Messrs. Lipton (India) Ltd. (hereinafter referred to as 'the company'). The domestic en quiry was held on 11th and 13th December, 1971. On 8th February, 1972 (vide annexure-3), the petitioner was discharged from the service of the company. Thereafter, the petitioner lodged a complaint before the Labour Court under Section 26 (2) of the Act on the ground that no prior one month's notice was served on him before passing the order of discharge as well as on other grounds.
(3.)The Labour Court recorded the evidence under Section 26 (5) (a) of the Act. On the evidence recorded by the Labour Court, it held that the discharge order passed by the Management of the Company was a correct order.


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