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1992 Supreme(Pat) 309

B.P.SINGH, S.K.CHATTOPADHYAYA
Bihar State Coop. Marketing Union Limited – Appellant
Versus
State Of Bihar – Respondent


Judgment

B.P.Singh, J.

1. The petitioner, Bihar State Co-operative Marketing Union Limited (hereinafter referred to as the Biscomaun) has preferred this application under Articles 226 and 227 of the Constitution of India for quashing the order of the Presiding Officer, Labour Court, Patna, dated November 18, 1991 holding that the order terminating the services of respondent No. 3 was illegal, and that respondent No. 3 is entitled to reinstatement with full back wages, The aforesaid Presiding Officer, Labour Court is the prescribed authority under the Bihar Shops and Establishment Act.

2. The facts of the case are that Biscomaun is a Cooperative Society registered under the Bihar and Orissa Co-operative Societies Act. It was being managed by a Managing Committee till it was superseded by the Government of Bihar on July 30, 1988. The Government appointed an Administrator vesting in him all the powers of the Board of Directors. The affairs of Biscomaun had reached a stage when the Government of Bihar had no option but to supersede the Managing Committee of the Society and to appoint an Administrator. The Administrator appointed observed large scale irregularities in the management of t















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