ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Both the Letters Patent Appeals have been filed by the appellant Siya Singh challenging the common order dated 23.06.2025 passed by the learned Single Judge in C.W.J.C. No. 2592 of 2014 and C.W.J.C. No. 17753 of 2018, whereby the writ petition filed by the Bihar State Road Transport Corporation (hereinafter referred to as, ‘Corporation’) vide C.W.J.C. No. 2592 of 2014 was allowed and the writ petition filed by the appellant Siya Singh vide C.W.J.C. No. 17753 of 2018 was dismissed.

C.W.J.C. No. 2592 of 2014

2. C.W.J.C. No. 2592 of 2014 was filed by the Corporation through the Chief of Administration with a prayer for quashing the judgment dated 19.06.2013, passed by the learned Presiding Officer, Labour Court in Misc. Case No. 02 of 2008 in directing for payment of back wages to the tune of Rs. 11,70,990/- (Rupees Eleven Lakh Seventy Thousand Nine Hundred Ninety only) after computation under Section 33C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as, “I.D. Act, 1947”) as per the award dated 14.11.2006 passed by the said Court in Reference Case No. 24 of 1995 under section 10(1)(c) of I.D. Act, 1947.

3. It is the case of the Corporation in C.W.J.C. No. 2592 of 2014 that the appellant was working as a Conductor in the Corporation, in Bankipur Depot, Patna and on 24.01.1978, while he was on duty in vehicle no. BHT-8015 (Rupauli – Patna service), during checking, it was found that the appellant had realized fare from ten unbooked passengers illegally without giving them any tickets, and there were seventeen unbooked passengers in the bus, and he had committed misconduct with the checking party and, as such, the charge was framed against him and after proper departmental enquiry, it was proved that he collected illegal money from the unbooked passengers and ultimately he was dismissed from service on 19.09.1978.

4. The dispute was referred by the Govt. of Bihar to the Labour Court and Reference Case No. 24 of 1995 was initiated under Section 10(1)(c) of I.D. Act, 1947 and the terms of reference were as follows:

“Whether the termination of services of Siya Singh, Conductor, Bihar State Road Transport Corporation, Bankipur Depot is proper and justified? If not, what relief the workman is entitled to?”

5. The learned Presiding Officer, Labour Court, Patna before whom oral and documentary evidence was adduced by both the sides, after hearing the parties, passed the award on 14.11.2006 in favour of the appellant. The learned Labour Court set aside the dismissal order of the appellant dated 19.09.1978 and held that the appellant would be deemed to be an employee on the date of dismissal and the management was directed to reinstate him with full back wages and other consequential benefits.

6. It is the further case of the Corporation that the appellant submitted the aforesaid award before the Corporation and since the Corporation was running under acute financial crisis, the Administrator of the Corporation suggested to the appellant for reinstatement, after forgoing the back wages and consequential benefits, as provided in the award, which was accepted by the appellant. Accordingly, the reinstatement order was passed on 28.12.2007 with a specific direction that the appellant shall not be entitled to any benefits for the non working period.

7. It is the further case of the Corporation that the appellant willfully accepted the order dated 28.12.2007, without any objection and joined the duty and after one year, he filed Misc. Case No. 02 of 2008 before the learned Presiding Officer, Labour Court, Patna under Section 33C(2) of the I.D. Act, 1947, claiming the back wages to the tune of Rs. 16,90,238/- (Rupees Sixteen Lakh Ninety Thousand Two Hundred Thirty Eight only), wherein the Corporation appeared on being noticed and filed the show-cause. However, the learned Labour Court without proper finding and without assigning any cogent reason passed the order dated 19.06.2013,