S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition has been preferred by the petitioner against the order dated 28th June, 2003 passed by the Presiding Officer, Industrial Tribunal, Ranchi as also the order dated 18th January, 2002 and 9th April, 2002 passed by the Assistant Labour Commissioner, Koderma in BSE Case No. 4 Of 1996 and 1/2001.
(2.) AS the case can be disposed of on short points, it is not necessary to discuss all the facts, except the relevant one. The Labour Superintendent, Koderma while filed a petition before the Labour Court, Hazaribagh also filed a petition before Assistant Labour Commissioner, Koderma for payment of salary of the workmen the respondent, which was alleged to be due from the employer, the petitioner herein. An application under Section 28 of the Bihar Shops and Establishment Act was also filed by the 5th respondent before the Assistant Labour Commissioner, Giridih, claiming salary from 10th August, 1995 to 11.1.1996 amounting to Rs. 5250/ - and the over -time for the period from January, 1995 to January, 1996, which was registered as PW 8 of 1996. The aforesaid case remained pending for years together and the applicant having failed to produce any evidence and not having taken any steps in the matter, the said case was dismissed in February, 2002.
(3.) IT appears that in spite of passing of the order dated 1st February, 2002 by the Labour Court, Hazaribagh, the matter was taken up by the Assistant Labour Commissioner, Koderma, who registered a case bearing BSE No. 1 of 2001 and heard the said case with BSE Case No. 4 of 1996 which was instituted regarding the same claim and regarding the same period, wherein the impugned order was passed on 9th April, 2002. It was ordered to pay a sum of Rs. 27,381.20 ps. towards the dues and interest in favour of the workman for the period aforesaid. It further appears that the petitioner preferred an appeal being BSE Appeal No. 1 of 2002 before the Industrial Tribunal, Ranchi against the order dated 18.1.2002 passed by Assistant Labour Commissioner, Hazaribagh in BSE Case No. 1 of 2001 and the order dated 9th April, 2002 passed in BSE Case No. 4 of 1996 and 1 of 2001.;