M.Y.EQBAL, J. - (1.) THESE two appeals arose out of the common judgment passed by learned Single Judge in CWJC No. 20G5/1998(R) and CWJC No. 2222/ 1988(R). In CWJC No. 2065/1988(R), the writ petitioner is the employer namely, M/s. Calcutta Stores Supply Corporation, Ranchi and in CWJC No. 2222/1988(R), the writ petitioner is the employee.
(2.) THE facts of the case lie in a narrow compass. The employee, Kapildeo Singh (hereinafter referred as the petitioner) filed an application before the Labour Court under Section 26 of the Bihar Shops and Establishment Act being B.S. Case No. 16/80 alleging inter alia that he was working as sales man for about 16 years for M/s. Calcutta Stores Supply Corporation (hereinafter referred to as the appellant) and receiving monthly salary at the rate of Rs. 220/ -. Petitioners further case was that in May, 1980, a theft took place in the said shop and the appellant was very much doubtful about the involvement of a co -sales man, Laxman Thakur. The appellant was pressurizing the petitioner to give evidence in the case against Laxman Thakur but he denied. The appellant thereafter, stopped taking work from the petitioner stating that his services are no more required. The petitioner therefore challenged his removal from service as illegal and prayed for reinstating him in service.
(3.) THE appellant took the stand that the petitioner was only a casual labour and he was not under the employment of the appellant. The Labour Court after considering the evidence adduced by both the petitioner and the appellant and after hearing them recorded a finding that removal of the petitioner from the service was illegal. However, the Labour Court further came to the conclusion that there was loss of confidence by the employer on the employee and therefore, the order would not be proper. Accordingly, the Labour Court instead of reinstatement, ordered for payment of compensation to the tune of Rs. 32,010/ -. Both the petitioner and the appellant challenged the said award of the Labour Court by filing aforementioned two writ petitions.;