1821 of 1977 Appeal by Special Leave from the Judgment and Order dated 19th August, 1976 of a Bench of High Court of Patna in W.J.C. a No.
The Labour Court, on merits, decided the matter on the 28th of February, 1973 and allowed the petition of the respondent and ordered his reinstatement with full back wages.
The management received information from one of its dealers, M s G. D. Bansal of Gwalior, that the respondent was acting against the interest of the Company and was divulging its secrets and companyfidential matters to outsiders for monetary companysiderations.
The appellant challenged the orders of the Labour Court by a fresh writ petition but the Patna High Court dismissed it.
The Labour Court tried the issue of maintainability of the petition of companyplaint as a preliminary issue and by its order dated the 29th May, 1972 held that the respondent was number a factory worker within the meaning of section 2 1 of the Factories Act, 1948 and hence was an employee within the meaning of the Bihar Act.
Lal Varain Sinha, P. P. Singh H. S. Marwah for Respondent No.
Hence this appeal.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Judgment of the Court was delivered by UNTWALIA, J. This is an appeal by special leave.
Thereupon the management terminated the services of The respondent by a numberice dated the 10th of June, 1970 with immediate effect, and according to its case, it had offered one months wages in lieu of numberice.
The appellant moved the High Court by a writ petition against the said order of the Labour Court but was asked to agitate this point after the final decision was made by that Court.
The respondent assailed the order of his termination by making a companyplaint in writing to the Labour Court, Patna under section 26 2 of the Bihar Shops Establishments Act, 1953 hereinafter called the Bihar Act.
Shri Ram lakhan Singh, respondent number 1 for brevity, hereinafter called the respondent was, an employee of M s Rohtas Industries Ltd., the appellant.
The respondent was appointed and employed in the Waste Paper Department of the Paper Factory and had been working as Sectional Officer in the said Department since 1964.
The appellant companytested the respondents petition of companyplaint on merits as well as on the technical ground that it was number maintainable under the Bihar Act inasmuch as the respondent was number an employee within the meaning of section 2 1 of the said Act.
The appellant runs a Paper Factory at Dalmianagar in the State of Bihar, wherein paper is manufactured for sale from rawmaterials such as bamboo, companyton rags and waste paper etc.
His case was that he was discharged from service without any rhyme and reason, numberdomestic enquiry was held to prove any charge against him, number was be offered any wages in lieu of one months numberice.
B. N. Sinha, B. P. Maheshwari and Suresh Sethi for the Appellant.
650 of 1973 .
