RAJ RANI Vs. GURU TEG BAHADUR HOSP
LAWS(DLH)-2007-4-39
HIGH COURT OF DELHI
Decided on April 16,2007

RAJ RANI Appellant
VERSUS
GURU TEG BAHADUR HOSP Respondents

JUDGEMENT

REKHA SHARMA, J. - (1.) The petitioner, Smt. Raj Rani, has preferred this writ petition feeling aggrieved by the order passed by the Labour Court No. XII, Karkardooma Courts, Delhi in ID NO . 237/2004 dated 13.4.2005.
(2.) It is the admitted case of the petitioner that she was engaged by the respondent, namely, Guru Teg Bahadur Hospital, as Nursing Orderly with effect from 20.1.1989 on casual/daily rated/muster roll basis and was being paid wages under the Minimum Wages Act. The appointment of the petitioner was made against a leave vacancy and her services were terminated after about four months on 14.4.1989.
(3.) According to the petitioner, she was liable to be continued in service as before passing the order of termination, the Management failed to comply with the provisions of the Industrial Disputes Act, 1947. She therefore raised an industrial dispute which came to be adjudicated upon by Labour Court No. XII, Karkardooma Courts, Delhi. The said Court vide order dated 11.3.2002 held that the petitioner was not entitled to any relief as her appointment was on daily-wage basis and she had worked only for a few days. Dissatisfied with the finding, she came to this Court vide Writ Petition No. 439/2003, wherein, she did not complain of infringement of Section 25 of the Industrial Disputes Act as admittedly she had not worked for 240 days. Her complaint was with regard to non-compliance of Sections 25G and 25H of the Industrial Disputes Act before her services were terminated. A Division Bench of this Court by an order dated 21.1.2004 remanded the case back to the Labour Court to examine the plea so raised by the petitioner. The matter then came to be examined by the Labour Court No. XII. The relief again alluded her. The Labour Court has held that the provisions of Sections 25G and 25H of the Industrial Disputes Act, 1947 were not attracted to her case. It is this order which has been impugned before me. Before I proceed further, it will be appropriate to have a look at Sections 25G and 25H of the Industrial Disputes Act. This is how they read : "25G.Procedure for retrenchment.- Where any workman in an industrial establishment, who is a citizen of India, is to be retrenched and he belongs to a particular category of workmen in that establishment, in the absence of any agreement between the employer and the workman in this behalf, the employer shall ordinarily retrench the workman who was the last person to be employed in that category, unless for reasons to be recorded the employer retrenches any other workman." 25H.Re-employment of retrenched workmen.-Where any workmen are retrenched, and the employer proposes to take into his employ any persons he shall, in such manner as may be prescribed, give an opportunity {to the retrenched workmen who are citizens of India to offer themselves for re-employment, and such retrenched workmen} who offer themselves for re- employment shall have preference over other persons.";


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