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1967 Supreme(Pat) 28

U.N.SINHA, R.L.NARASIMHAM
Management Of Vihar Talkies – Appellant
Versus
Presiding Officer, Industrial Tribunal – Respondent


Judgment

U.N.Sinha, J.

1. This application has been filed under Articles 226 and 227 of the Constitution of India by the management of a cinema for quashing the orders passed by the authorities under the Bihar Shops and Establishments Act, 1953 (Bihar Act VIII of 1954) incorporated in Annexure C, dated the 5th October, 1965 and Annexure D, dated the 16th May, 1966. The order incorporated in Annexure C was passed by the Assistant Labour Commissioner under Sec.28 of the Act, under which the petitioner of this Court has been ordered to pay a sum of Rs. 677.86 paise to each of respondents Nos. 5 and 6 of this application, for arrears of wages for the period from 14th Tune 1960 to 31st October 1961. The order incorporated in Annexure D was passed by the Industrial Tribunal, an appellate authority under Sec.28 (7) of the Act, by which the original order has been affirmed.

2. The facts necessary for determination of this application are as follows: Respondents Nos. 5 and 6 had been employed as "inside boys" of the cinema in question and they were dismissed from service on the 14th June, 1960. The employees filed two applications under sec. 26 of the Bihar Shops and Establishments Act (Anne








































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