S.J. Mukhopadhaya, J. - (1.) The petitioner was dismissed from the services of the Bihar State Road Construction Corporation. The order of dismissal was forwarded to the Presiding Officer, Industrial Tribunal, Patna for approval under Sec. 33(2)(b) of the I.D. Act, 1947.
(2.) The learned Presiding Officer did not choose to approve the dismissal order, it having not passed in accordance with law. It was challenged by the Corporation before this Court in C.W.J.C. No. 9302 of 1994, which was dismissed by a reasoned order dated 7.7.1995. The Corporation also lost before the appellate Court in L.P.A. No. 920 of 1995. The Corporation thereafter moved before the Supreme Court, but the Supreme Court also refused to interfere with the order passed by the learned Presiding Officer, Industrial Tribunal, Patna and dismissed the S.L.P. (Civil) No. 990 of 1997, vide order dated 27th January, 1997.
(3.) In view of the fact that the order of dismissal was not affirmed and thereby it was never given effect as per law, the respondents should have reinstated the petitioner. Though they lost upto Supreme Court, but did not choose to reinstate the petitioner accepting his joining.;