JUDGMENT :

By Court Heard learned counsel for the parties.

The present writ petition has been filed against the order dated 04.05.2011 passed by the Presiding Officer, Industrial Tribunal, Ranchi under Section 28 (7) of the Bihar Shops and Establishment Act, 1953 in B.S.E. Appeal No. 2/2008 and the original order dated 17.11.2008 passed by the Presiding Officer, Labour Court, Ranchi in B. S. Case No.1/2006 under Section 28(1) of the Bihar Shops and Establishment Act, 1953. By these impugned orders, benefit claimed by the petitioner has been denied.

2. Brief facts of the case are that the petitioner was employee of the respondent-company from 24.03.1980 to 31.10.1990 and thereafter he has resigned for personal reason. Subsequently, he has been re-employed on 01.06.1993 on temporary basis and subsequently he has been confirmed on 01.12.1993 on the post of Divisional Manager. In 2002 at his request, he has been transferred from Guwahati to Ranchi. Petitioner has been noticed by the employer vide letter dated 09.07.2002 for his poor performance. He has submitted a letter dated 12.04.2004 under the Voluntarily Retirement Scheme for separation from service w.e.f. 30.04.2004. Separation has