DHARMA SINGH H R Vs. DIVISIONAL SUPERINTENDENT SOUTHERN RAILWAY HUBLI
LAWS(KAR)-1966-3-8
HIGH COURT OF KARNATAKA
Decided on March 24,1966

DHARMA SINGH (H.R.) Appellant
VERSUS
DIVISIONAL SUPERINTENDENT, SOUTHERN RAILWAY, HUBLI Respondents

JUDGEMENT

Per Somnath Ayyar, J. - (1.)This writ petition has for its source an application made by the petitioner to the labour court under S. 33C(2) of the Industrial Disputes Act. The petitioner was an employee in the Southern Railway, Hubli, from 4 March, 1957. His services were dispensed with on 21 November, 1958, and, according to the allegations in the applications presented by the petitioner, the termination of his employment in that way contravened the provisions of S. 25F of the Industrial Disputes Act. So the petitioner asked the labour court to direct the employer to pay him a sum of Rs. 5,905.50. This amount consisted of the pay and dearness allowance which the petitioner claimed for the period between 21 November, 1958 and June, 1961, and a sum of Rs. 232.50 which was described as compensation for three years. In the amount claimed by the petitioner, he also included a sum of Rs. 155 which was described as one month's pay, dearness allowance and house-rent.
(2.)The employer denied that the petitioner had been unlawfully retrenched although other contentions were also raised along with it. But the labour court found no difficulty in coming to the conclusion that there was no proper retrenchment since the procedure prescribed by S. 25F of the Industrial Disputes Act was not observed. The labour court was of the view that the petitioner had not been given a month's notice writing that he was not paid at the time of retrenchment the compensation to which S. 25F(b) refers and that no notice in manner prescribed in Clause (c) of that section was served on the appropriate Government. Having reached this conclusion, the labour court proceeded to direct the employer to pay a sum of Rs. 270 as the compensation claimable by the petitioner under S. 25F.
(3.)In this writ petition, the petitioner asks us to quash this order made by the labour court and to declare the petitioner to be entitled to his salary for the period between 1 October, 1957 and the date of the presentation of the writ petition.


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