A.K.Ganguly, J.

1. This Letters Patent Appeal was filed against the judgment dated October 23, 1987 passed by a learned Single Judge in CWJC No. 5433 of 1986.

2. The main point of controversy in the impugned judgment is about the effect of the notification dated August 13, 1985 issued in exercise of power under Section 4(2) of the Bihar Shops and Establishments Act, 1953 (hereinafter referred to as the said Act) on the proceeding pending before the Presiding Officer, Labour Court, Muzaffarpur who is an authority under the said Act.

3. In order to understand the nature of controversy between the parties, it is necessary to note only a few facts.

4. The respondent No. 3 in this appeal joined the services of the State Bank of India (hereinafter referred to as the said Bank) at Balasore sometime in February, 1986. Thereafter on transfer he had come to Muzaffarpur. While respondent No. 3 was working as the then Agent of Muzaffarpur Branch, the management of the said Bank asked respondent No. 3 to explain his conduct relating to detention of some cheques for an unduly long period. As the explanation of respondent No. 3 was not found satisfactory, he was placed under suspension an