AMARESHWAR SAHAY, J. - (1.) HEARD the learned counsel for the parties. The petitioner, Lala Lajpat Rai Sal Mandir, which is an educational institution, has challenged the order as contained in Annexure -9 to the writ application passed by the Labour Court, Ranchi in B.S. Case no. 10 of 1992, registered on the basis of the complaint petition under section 26 of the Bihar Shops and Establishment Act, for quashing of the order of termination and for re -instatement of the complainant/respondent no.2. who is the teacher of the said school, with monetary compensation.
(2.) The Presiding Officer Labour Court by his impugned order dated 12.9.1997, has allowed the application filed by the respondent no. 2 herein by setting aside his termination of service and directed the opposite party/petitioner to re -instate the applicant/respondent and to pay full back wages with consequential benefits. 3. The learned counsel for the petitioner submits that this case is fully covered by the Judgment in the case of Ruth Soren vs. Managing Committee, East ISSDA and Ors. Reported in 2001 (1) J.hr.CR1 (S.C.) wherein it has specifically been held that the educational institution imparting education does not carryon a business, trade or profession hence it is not "establishment" within the meaning of Bihar Shops and Establishment Act and therefore, the Labour Court has no jurisdiction to interfere with the order of the Managing Committee. Relying on the aforesaid decision of the Supreme Court this Court also in the case of G and H High School and another vs. State of Bihar and another, reported in 2001 (1) Jhr, C.R. 283 has held that the educational institutions do not fall under the definition of the "establishment" hence petition under section 26 of the said Act is not maintainable against such institution. 4. Considering the above two decisions this application is allowed and the order as contained in Annexure 9 to the writ application passed by the Labour Court, Ranchi setting aside the termination of the respondent no.2 and directing his reinstatement in service is hereby quashed as the petition under Section 26 of the Shops and Establishment Act was not maintainable in the case of educational institutions.;