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2009 Supreme(Pat) 1333

KISHORE K.MANDAL, S.K.KATRIAR
Life Insurance Corporation Of India Limited Through Its Senior Divisional Manager – Appellant
Versus
Presiding Officer – Respondent


JUDGEMENT

S.K.Katriar, J.

1. This writ petition is directed against the order dated 15.5.1992, passed by the learned Presiding Officer, Labour Court, and the Authority under the Bihar Shops and Establishments Act, 1953 (hereinafter referred to as the Bihar Act), whereby the order of dismissal from service passed against respondent No. 2 herein has been set aside and he has been reinstated in service with full back-wages and other consequential benefits.

2. A brief statement of facts essential for the disposal of the writ petition may be indicated. Indeed the basic facts are not in dispute. It appears that respondent No. 2 had originally joined the appellant Corporation way back in December 1955 as a Class-IV employee. He was promoted to the clerical cadre, as Record Clerk,-in July 1967. During the period October 1980 to July 1981, he had functioned as Record Clerk in the Despatch Section of Patna Branch No. 1. He was served with charge-sheet dated 31.8.1982 (Annexure-1), whereby allegations were levelled against him that he had been pilfering/de-affixing postal stamps from the envelopes meant to be despatched (sic from ?) the Corporations office to the addressees. Departmental proce





































































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