NARENDRA NATH TIWARI, J. - (1.) IN these writ petitions, the petitioners have prayed for quashing the order dated 29.5.2002 passed by the Presiding Officer, Labour Court, Jamshedpur, whereby the learned Presiding Officer has rejected the complaint petitions filed under Section 26 of the Bihar Shops and Establishment Act, 1953 (hereinafter referred to as the 'said Act') while deciding the question of maintainability of BSE case Nos. 3/2000 and 4/2000 filed by Mrs. Shashi Prabha Chopra and Miss. Manorama Samanta. The learned Presiding Officer has held that the School is not an 'establishment' within the meaning of said Act and has decided the said preliminary objection holding that the complaint petitions filed by the complainants under Section 26(2) of the said Act are not maintainable.
(2.) THE grievance of the petitioners in both the writ petitions is that the learned Presiding Officer has not properly considered the issue raised before him, which is a mixed issue of facts and law and without giving any opportunity to the parties to adduce evidence before the learned Presiding Officer erroneously dismissed the said cases. It has been stated that M/s. Jamshedpur Engineering and Machine Company (JEMCO for short) is a division of Indian Steel and Wire Products, Jamshedpur. The Company carries on business of trade and manufacturing. The Company has got number of residential quarters at JEMCO colony, Jamshedpur and the said quarters were allotted to the petitioners who were the employees of JEMCO. The complainants were transferred in the Establishment Section at the General office of the Company on 10.3.1999 and they joined and worked for about nine months and thereafter their services were terminated w.e.f. 1.12.1999. It has been stated that the termination is arbitrary and illegal and, as such, they are entitled to be reinstated in service with full back wages and other consequential benefits.
(3.) THE Management -respondents contested the said complaint petitions stating, inter alia, that the complaint petitions itself are not maintainable under Section 26 of the said Act as the complainants were Assistant Teachers in Jemco U.P. School, and the said School is not an establishment within the meaning of the said Act. The School was not carrying on any business, trade or profession and/or any work, in connection with or incidental or ancillary to any business, trade or profession. The School used to impart education to children and the teaching in the school was no way connected with, or incidental or ancillary to the business of the Company, which deals with the engineering activities and manufacturing work.;