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 proceeding was conducted under the provisions of Life Insurance Corporation of India (Staff) Regulations, 1960 (hereinafter referred to as the Regulations), framed under the Life Insurance Corporation Act, 1956 (hereinafter referred to as the Central Act). Respondent No. 2 participated in the enquiry proceedings. The learned enquiry officer submitted his enquiry report dated 10.5.1984 (Annexure-3), wherein he found respondent No. 2 guilty of the charges. Second show-cause notice dated 6.12.1984 (Annexure-4) was served on him to which he had shown cause by his communication dated 21.1.1985 (Annexure-5). On a consideration of the materials on record, the learned disciplinary authority dismissed respondent No. 2 from the services of the Corporation by his order dated 19.3.1985 (Annexure-6). He preferred departmental appeal which was dismissed by order dated 28.8.1985 (Annexure-7). Aggrieved by the appellate order, respondent no. 2 preferred memorial in terms of Regulation 49 of the Regulations, which was also dismissed by the Corporations Chairman by order dated 24.1.1986 (Annexue-8). Respondent No. 2 thereafter preferred C.W.J.C. No. 2128 of 1986, which was disposed of by this Court by the following order dated 30.8.1986:

"Heard learned counsel for the petitioner and learned counsel for the L.I.C. It is stated on behalf of the learned counsel for the respondents that the remedy lies before the Central Administrative Tribunal.

In this circumstances learned counsel for the petitioner seeks permission to withdraw the petition. He is permitted to do so and the petition is dismissed as withdrawn.

Sd/- B.P. Jha

Sd/- R.C.P. Sinha

Respondent No. 2 thereafter filed Original Application before the Patna Bench of the Central Administrative Tribunal, which was disposed of by order dated 20.10.1986, with the observation that the Tribunal did not have the jurisdiction to adjudicate the dispute. Respondent No. 2 approached this Court once again by preferring C.W.J.C. No. 5092 of 1986, which was disposed of by the following order of 16.12.1986:

"Learned counsel for the writ petitioner wishes to withdraw this writ application in order to resort to some other remedy that may be available in Industrial Law. The prayer is amended and the application is permitted to be withdrawn."

Sd/- S.S. Sandhawalia

Sd/- B.N. Sinha.

Respondent No. 2 thereafter filed a complaint under the provisions of Section 26(2) of the Bihar Act which has on contest been allowed, the order of dismissal has been set aside, and the service of respondent No. 2 has been restored with full back-wages and consequential benefits. Hence this writ petition.

3. While assailing the validity of the impugned order, learned counsel for the petitioner submits that insurance is covered by entries 43 and 47 of the 7th Sch