AMARESHWAR SAHAY, J. - (1.) THE petitioner filed an application under Sec.28(1) of the Bihar Shops and Establishment Act, 1953 read with Rule 22 of the Bihar Shops and Establishment Rules, 1955 before the Presiding Officer, Labour Court, Ranchi, which was registered as B.S. Case No. 14 of 1992 stating inter alia that he was initially employed in the High Tension Insulator Factory as clerk -cum -typist. He also worked as Chaser in the despatch section and thereafter he was posted in the Accounts Department where he used to maintain the store ledger and then since January, 1980 he was posted in the despatch section. Subsequently, on 28.1.1981 the petitioner was put under suspension due to the alleged involvement in a criminal case. The order of suspension was followed by the charge -sheet and then he was proceeded departmentally and ultimately the order of dismissal from service was passed on 25.10.1993.
(2.) THE petitioner filed an application under Sec.26(2) of the Bihar Shops and Establishment Act, 1953 before the Presiding Officer, Labour Court, Ranchi which was registered as B.S. Case No. 9 of 1984 praying his reinstatement from dismissal of service. By order dated 23.9.1996 the Presiding Officer Labour Court allowed the application and directed his reinstatement in service. Against the order of reinstatement passed by the Labour Court, respondent Nos. 2 to 4 filed a writ application being C.W.J.C. No. 303 of 1987 (R) which was dismissed by an order dated 4.1.1991 and again against the order of the aforesaid writ application L.P.A. No. 27 of 1991 (R) was filed but the same was dismissed by order dated 6.5.1991. Thereafter, the petitioner joined his service on his reinstatement. By office order dated 11.3.1992 the respondent No. 2 passed an order for reinstatement of the petitioner w.e.f. 5.8.1991 and further directed for payment of equivalent pay and allowance for the period from 23.9.1986 to 4.8.1991.
(3.) THE petitioner demanded, by filing a representation amount in lieu of difference of wages during the suspension period from 1.2.1981 to 24.10.1983 and then full wages after his termination along with all other emoluments payable to him such as Wages, D.A., Increments, Promotional benefits, House rend allowance, leave salary, bonus and other admissible allowances. He did not receive any amount in lieu of back wages as claimed by him and then he filed an application under Sec.28(1) of the Bihar Shops and Establishment Act, 1953 before the Presiding Officer, Labour Court which was registered as B.S. Case No. 14 of 1992. The petitioner as well as the respondent Nos. 2 to 4 adduced oral as well as documentary evidence before the Presiding Officer, Labour Court.;