- (1.) Heard learned counsel for the parties.
(2.) The order dated 26th May, 2000 passed by the learned Presiding Officer, Labour Court, Jamshedpur in B.S.E. Case No. 1 of 1989 under Section 26 of the Bihar Shops & Establishment Act, 1953 (hereinafter referred to as the Act, 1953), directing the writ petitioner to reinstate the complainant respondent no.2 with full back wages and consequential benefits, is under challenge by the Management employer in the present writ application.
(3.) The impugned order has been challenged mainly on two grounds. First ground is that on the basis of materials adduced during the course of the proceeding before the learned Labour Court in B.S.E. Case No. 1 of 1989, the instant complaint made by the respondent no. 2 is not maintainable under the Bihar Shops & Establishment Act. The reason for the same is that the respondent no.2 complainant comes within the definition of worker within the meaning of Section 2(l) of the Factories Act, 1948 and, therefore, excepted from the definition of an employee as defined under the Act of 1953 under Section 2(4) of the said Act.;