HARYANA STATE FCCW STORE LIMITED Vs. RAM NIWAS
SUPREME COURT OF INDIA
HARYANA STATE F.C.C.W.STORE LTD
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D. P. Mohapatra, J. -
(1.)Leave is granted.
(2.)The question that arises for determination in these appeals is whether on the facts and circumstances of the case the termination of service of the respondents is 'retrenchment' in terms of Section 2 (oo) of the Industrial Disputes Act, 1947 (for short 'the ID Act') The further question that arises for consideration in this connection is whether Section 2 (oo) (bb) of the ID Act has any application in the case
(3.)The factual matrix of the case relevant for considering the questions raised may be stated thus :
In the year 1993 the appellants have been entrusted with the responsibility of procuring wheat and supply the same to Haryana Warehousing Corporation. On account of non-availability of godowns heavy stock of grain had to be stored in the open area at Hasanpur Mandi. For watching and keeping care of the stock lying in the open area necessity of watchman/chowkidar was felt and sanction was sought by the District Manager of the appellant Society. The Managing Director having sanctioned the engagement of watchman/chowkidar the respondents were appointed on contract basis on payment of daily wages till the stocks are disposed of or for a period of three months. It was made clear in the order of the Managing Director that the number of chowkidars/Labourers kept by the District Manager should come down with the clearance of stock lying in the open. The respondents continued. The respondent Ram Niwas was engaged on 25-5-1993 whereas respondent Shiv Kumar was engaged on 2-6-93. The engagement of both the respondents was terminated with effect from 26-4-1994, after the stock lying in the open was cleared. Undisputedly, the provisions of Section 25 (f) of the ID Act were not complied with before disengagement/termination of the respondents.
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