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1966 Supreme(Pat) 151

R.L.NARASIMHAM, R.J.BAHADUR
Bihar State Road Transport Corporation – Appellant
Versus
Orang Bahadur – Respondent


Judgment

1. This is an application under Articles 226 and 227 of the Constitution by the Bihar State Road Transport Corporation (hereinafter referred to as the Corporation) challenging the jurisdiction of the Presiding Officer, Labour Court, Muzaffarpur, to entertain an application under Sec.26 (2) of the Bihar Shops and Establishments Act, 1953 (Bihar Act 8 of 1954) by opposite party No. 1 against the order of the Divisional Manager of the Corporation dated 173-1964 discharging him from service. Opposite party No. 1 had been working under the Corporation as a conductor and was discharged by the Divisional Manager for an alleged act of misconduct. When he challenged the order of discharge before the Labour Court under Sec.26(2) of Bihar Act 8 of 1954, the petitioner raised a preliminary objection on the ground that Bihar Act 8 of 1954 was not applicable to the workmen of the Corporation who were governed by the provisions of the Motor Transport Workers Act, 1961 (No. 27 of 1961). This objection was overruled by the Labour Court.

2. Bihar Act 8 of 1954 came into force with effect from 17th March, 1954 and as indicated in its preamble it was intended "to provide for the regulation of









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