M.Y.EQBAL, J. - (1.) IN this writ application the petitioner has prayed for quashing the order dated 10.3.1995 passed by the Presiding Officer, Labour Court, Jamshedpur in BSE Case No. 7/89 under the provisions of Section 26 of the Shops and Establishment Act directing for reinstatement of the employee in service with half back wages and continuity of service.
(2.) RESPONDENT No. 2 complainant is in the service of the petitioner as Town Planning Assistant. Subsequently he was promoted as Assistant Zonal Engineer in the Town Engineering Department of the petitioner -company. On 11.6.1988 the complainant was put under suspension on the allegation of conspiracy in the matter of approval of contract of a contractor. The complainant submitted his explanation called for by the petitioner denying that he has committed any misconduct. The Director Town Services of the petitioner -company appointed an Enquiry Committee to enquire into the allegation and one Sri R.P. Singh, Intelligence Officer was appointed as Management Representative. On the basis of inquiry the Director, Town Services discharged the services of the complainant in terms of the order dated 6.1.1989. The complainant challenged the said order of his discharge before the Labour Court under Section 26 of the Bihar Shops and Establishment Act, 1953. The petitioner company on being noticed appeared before the Labour Court and filed their show cause. The case of the petitioner -company is that the Assistant Zonal Engineer, the complainant was to supervise and inspect the work of the contractor working in the Town Engineering Department. While he was working in such capacity, a complaint was received from M/s. Ramdhari Prasad Verma through B.B. Sharan, one of the contractors that he demanded Rs. 1000/ - as illegal gratification from the contractor. On receiving the said complaint, Sri Sanjay Singh, on 10.6.1988 decided to catch the complainant red handed and for that purpose the contractor provided seven notes of one hundred rupees to Sri. Sanjay Singh who after signing and taking down the numbers of the notes, returned the same. On the relevant date Sri. B.K. Lahiri was also instructed to go to Ramdas Bhatta where the complainant was to take the bribe. At about 5.45 p.m. money was handed over to the complainant by the contractor which he kept in his pocket. When the complainant came in his office, he was caught by the Security Officer and other security personnel and Rs. 700/ - recovered from the pocket of the complainant which bear the signature of Sri Sanjay Singh. Further case of the petitioner company is that immediately thereafter the complainant gave his voluntary statement in writing admitting the above mentioned facts. Subsequently charge sheet was issued with respect to the charge of demanding and taking the bribe/ illegal gratification and he was discharged from service.
(3.) BEFORE the Labour Court the complainant examined himself only while the petitioner company examined seven persons as witnesses on the point of enquiry as well as merit of the case. The Labour Court after considering the facts of the case and the evidence led by the parties, passed the impugned order and set aside the order of discharge and directed for reinstatement of the complainant with half back wages and other benefits including continuity of service.;