S.M.MUKHOPADHAYA, J. - (1.) THIS application has been preferred by petitioner, M/s. Uphar picture Palace against the order dated 6.8.1999 passed by learned Presiding Officer, Labour Court, Ranchi, in B.S. Case No. 11/97. The application under Section 26(2) of the Bihar Shops and Establishment Act filed by the respondent, Shankar Karmakar against the order of dismissal was allowed and he was reinstated with full back wages/compensation.
(2.) THE brief fact of the case is that M/s. Uphar Picture Palace is carrying on business of exhibition of cinema shows, a place of public entertainment. It engaged several persons including respondent, Shankar Karmakar who was working since 1975 as operator. A departmental proceeding was initiated against him by charge -sheet dated 28.5.1996 whereinafter the respondent, Shankar Karmakar was dismissed vide order dated 8.5.1997. The respondent, Shankar Karmakar filed a complaint petition under Section 26(2) of the Bihar Shops and Establishment Act registered as B.S. Case No. 11/97. Prior to the same he raised industrial dispute and took steps for conciliation proceeding. No. steps having taken by the Management M/s. Uphar Picture Palace, respondent, Shankar Karmakar on one hand resorted to move for relief under the provision of Industrial Dispute Act, on the other hand, also filed complaint petition under the Bihar Shops and Establishment Act.
(3.) THE respondent, Shankar Karmakar pleaded not guilty of the charges, alleged the charges as vague and indefinite, also alleged the order against the law having not either served with one months notice or wages in lieu of said notice and contravention of Section 33 of the Industrial Disputes Act.;