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1998 Supreme(Pat) 905

R.N SAHAY
Bihar Air Products Limited – Appellant
Versus
Presiding Officer Labour Court Jamshedpur – Respondent


Advocates appeared:
For the Petitioner: Mr. A.B. Kumar.
For the Respondent No. 1: G.P.II.
For the Respondent No. 2: M/s V.P. Singh and B.K. Nag.

JUDGMENT :

Ravi Nandan Sahay, J.

By this application under Articles 226 and 227 of the Constitution of India, the petitioner Bihar Air Products Limited, Jamshedpur seeks a writ of certiorari to quash the decision of the Presiding Officer-cum-Authority, Labour Court, Jamshedpur dated 29.9.1988, whereby Labour Court allowed B.S.E. Case No. 14 of 1985 under section 26(2) of the Bihar Shops and Establishment Act, which had been filed by Anil Kumar Tiwary challenging his termination from service by the petitioner. The complainant-opposite party (Respondent no. 2 herein) was appointed as Assistant Administrative Officer by the petitioner in its establishment with effect from 4.5.1984. Services of the complainant was terminated by letter dated 10.9.1985 without giving him statutory notice or statutory compensation. The complainant's grievance was that termination of his services was malafide and without reasonable cause. There was no charge of misconduct against him and his service was terminated without an enquiry. The complainant prayed for setting aside the ORDER :of termination and for reinstatement with back wages and other benefits.

2. The petitioner company challenged the maintainabil




















































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