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1997 Supreme(SC) 510

B.N.KIRPAL, J.S.VERMA
Arka Bikas Chakravorty – Appellant
Versus
State Bank Of India – Respondent


ORDER

1. The appellant was an employee of Respondent 1 State Bank of India. His services were terminated on 1-8-1977. He made an application under Section 26(2) of the Bihar Shops and Establishments Act, 1954 (8 of 1954) to the statutory authority constituted thereunder on 26-6-1978. On 13-8-1985, during the pendency of that application, a notification was issued under Section 4(2) of the Act amending the Schedule to the Act which resulted in excluding all branches of public sector banks situated in the State of Bihar from the purview of all the provisions of the Act. Admittedly, from that date, the remedy provided in Section 26(2) of the Act was not available to the employees of the State Bank of India in any branch situated in the State of Bihar like the appellant. Notwithstanding this change, the authority under the Act proceeded to decide the appellants claim under Section 26(2) of the Act and granted relief to the appellant by setting aside the order of termination and directing his reinstatement. The Bank filed a writ petition in the High Court challenging that order which was dismissed by the learned Single Judge. A Letters Patent Appeal filed against that judgment to the Di





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