Khalid, J. - (1.) THIS is an appeal by certificate, issued by the High Court Madhya Pradesh under Article 133 (1) of the Constitution of India against the judgment of a Division Bench of that Court setting aside the order passed by the Labour Court, Ujjain, confirmed in revision by the Industrial Court, Madhya Pradesh, allowing an application filed by the Appellant under Section 31 of the Madhya Pradesh Industrial Relations Act, 1960 (hereinafter referred to as the Act) in which he had challenged his termination which challenge was accepted and his reinstatement was ordered. The facts, in brief, necessary for disposal of this appeal are as fallows:
(2.) THE Appellant was appointed as Store Keeper -cum -Accountant on 14 -2 -1957, in the Madhya Pradesh Khadi and Village Industries Board, Budhwara, Bhopal. This Board is a body corporate constituted under the M.P. Khadi and Village Industries Act, 1959 and is engaged among others, in activities of encouraging production of Khadi and helping other village industries. It has different branches in the State of Madhya Pradesh. One such centre was established at Berdi in Chhindwara district. The Board supplied raw wool to the Co -operative Societies and after getting them woven by the societies into blankets, received back blankets as finished goods. The services of the Appellant were terminated as per order dated 23 -9 -1964, after giving one month's notice. He challenged this order of termination as one amounting to retrenchment and having been passed without complying with the provisions of the Act that govern his relationship with the Board. He stated that a charge sheet was given to him on 27 -(sic)64. based on false and baseless grounds and that there was no enquiry held into the said charges before his removal The Appellant thereupon moved the Labour Court at Ujjain on 7 -6 -1975, for his reinstatement with full wages. The Board contested the application contending inter alia that the Board was not an industry and that neither the M.P. Industrial Relations Act, 1960 nor the Industrial Disputes Act, 1947 applied to it. The Labour Court, Ujjain framed necessary issues on the rival contentions and after recording evidence, held that the termination of the Appellant amounted to retrenchment, set aside the order of termination and directed the Board to reinstate him with half salary from the date of the order till reinstatement.
(3.) AGGRIEVED by this order the Board preferred a revision before the Industrial Court in Madhya Pradesh, Indore, repeating the contentions raised before the Labour Court. The Industrial Court by its order dated 3 -2 -1967, affirmed the order of the Labour Court and dismissed the revision petition.;