SATYA BRATA SANYAL, J.

1. In this writ application the petitioner seeks for quashing Annexure-2, by which the claim petition of the petitioner filed under Section 28, Bihar Shops and Establishments Act, 1981 (hereinafter to be referred to as the Act) has been partly allowed as well as Annexure-3 by which, the court of appeal under S. 28 (7) of the Act, dismissed the appeal with respect to the rest of the claim. The claim with respect to backwages from 10-12-1973 to 8-2- 1975, was only allowed by the Presiding Officer, Labour Court. The relief with respect to payment of compensation and other claims relating to Bonus, Gratuity, leave pay, retrenchment compensation, and increments etc. were disallowed.

2. Brief fact of the case is that the petitioner was appointed as a Store Keeper in the Apna Bazar, Patna, on 15-4-1967 and he was dismissed on 10-12- 1971. This led to the filing of a complaint, by the petitioner under S. 26 (2) of the Act giving rise to Miscellaneous Case No. l of 1972. The petitioners dismissal, was set aside by the Labour Court on. 27-7-1972 and he was ordered to be reinstated with all his dues. The Apna Bazar Authorities filed a writ petition bearing number C. W. J. C. 1326 of 1972. assailing the order of the Labour Court- directing reinstatement of the petitioner,, which was dismissed on 12-12-1974 by a Bench of this Court. The application for grant of a certificate for leave to appeal to the Supreme Court was also rejected: on 16-1-1976.

3. The petitioner having not received the payment of his backwages as well as his other dues filed a claim petition on 28-2-1975 claiming a sum of Rupees 6,930/- on account of wages and also claimed a sum of Rs. 3,000/- by way of compensation and other claims comprising nine items, namely, gratuity, retrenchment compensation, retrenchment salary, interest on the sum, provident fund, increments that he would have been entitled to had he continued in service, leave salary for leave not availed etc. amounting to a sum of Rs. 20,500/- and odd. It is averred that Apna Bazar was taken over with all its assets and liabilities by Bihar State Federation of Wholesale Consumers Co-operative Ltd., Patna, some time when the writ petition was pending before the High Court i.e. between 1972 to 1973. The petitioner, therefore, impleaded the Managing Director of Bihar State Federation of Wholesale Consumers Co-operative Ltd.,. Patna, a party along with the Managing Director of Apna Bazar in this application under S. 28 of the Act.

4. The Labour Court by its order dated 8th September, 1976 allowed the back- wages from 10-12-1973 to 28-2-1975, but rejected not only the claim for compensation but the claim for other dues as well. The reason assigned for rejecting the other claim is that the petitioner should move the appropriate authority under the relevant Act for recovery of his statutory claims, i. e. gratuity, provident fund etc. As far as the claim for salary of higher scales, increments, leave salary for leave not availed, the Labour Court rejected them on the ground of absence of satisfactory evidence. The claim for compensation was outright rejected as the petitioner failed to adduce satisfactory evidence as to how the sum of Rs. 3000/- is constituted.

5. As against the said decision of the Labour Court neither Apna Bazar nor Bihar S.tate Federation of Wholesale Consumers Co-operative Limited preferred any appeal or any cross-appeal. The petitioner, however, moved the appellate court under S. 28 (7) of the Act for non-payment of compensation as well as for non-allowance of other dues comprising nine items. The claim for compensation was refused by the appellate court in view of the proviso to S. 28 (2) of the Act i. e. because of existence of a bona fide dispute between the parties. As regards other claims there is no whisper in the appellate court judgment. The petitioner has annexed a copy of the grounds of appeal which has been marked Annexure 4 to show that the said claim w