G. Mehrotra, C.J. - (1.) THIS rule arises out of an application under Article 226 of the Constitution of India.
(2.) THE Petitioner has prayed for a writ at certiorari quashing the award of the Presiding Officer of the Labour Court. By a notification dated 27th July 1959 the following two disputes were referred to the Presiding Officer of the Labour Court by the State of Assam for adjudication: (1) Whether the termination of service of Sri S.C. Seal Das by the management is justified? (2) If not, is he entitled to re -instatement or any other relief in lieu thereof?
(3.) THE case of the union of the workmen was that Sri Seal Das was working as a compounder of the Hattiali Tea Estate for fifteen years. On the 25th of September 1958 he was informed by management that he attained the age of 58 years on the 1st of January 1958 and that his services would be terminated from 1st of January 1959 and that he would be paid Rs. 1,600/ - as gratuity. He was physically fit to carry on his duties. A dispute was raised on the order of termination of his service passed by the management and the matter was referred to the conciliation Board but nothing came out of the conciliation proceedings. Thereafter this reference was made to the Labour Court. On the first question referred to, the Labour Court has come to a finding that the termination of service of Sri Seal Das cannot be said to be unjustified in any way. After having held that the termination of service was justified, the Presiding Officer in dealing with the second question has held that as the termination in the present case amounts to retrenchment, Sri Seal Das was entitled to retrenchment compensation and he has awarded for payment of retrenchment compensation to Sri Seal Das. In the award it is laid down that in case the retrenchment compensation comes to more than Rs. 1,600/ -, the workman will be entitled to the said amount and in case the compensation works out to be less than Rs. 1,600/ -, he will be entitled to Rs. 1,600/ - as the management agreed to pay the sum of Rs. 1,600/ - as gratuity to the workman.;