UNION OF INDIA Vs. JUMMASHA DIWAN
LAWS(SC)-2006-10-88
SUPREME COURT OF INDIA
Decided on October 19,2006

UNION OF INDIA Appellant
VERSUS
JUMMASHA DIWAN Respondents





Cited Judgements :-

HARYANA URBAN DEVELOPMENT AUTHORITY VS. OM PAL [LAWS(SC)-2007-4-52] [REFERRED TO]
SECRETARY A M M CHARITIES TRUST VS. T M VELU [LAWS(MAD)-2018-4-624] [REFERRED TO]
BANK OF BARODA KOTA VS. PRESIDING OFFICE CGIT CUM LC KOTA [LAWS(RAJ)-2010-3-31] [REFERRED TO]


JUDGEMENT

S. B. Sinha, J. - (1.)Leave granted.
(2.)Respondent was appointed as a daily wager in the Railway Electrification Project at Vadodara Ratlam section. He was granted a temporary status. He is said to have joined the Railway Electrification Project as a skilled worker under the Divisional Electrical Engineer, Western Railway (Overhead Equipment) Railway Electrification Railway Yard, Pratapnagar, Baroda, Appellant No. 3 herein. He was retrenched purportedly on the premise that railway electrification works at Vadodara Ratlam section came to an end. He was paid retrenchment compensation in terms of Section 25-F of the Industrial Disputes Act, 1947 (for short "the Act").
(3.)He filed an original application before the Central Administrative Tribunal (Tribunal) questioning the purported retrenchment on the ground that he having put in 1060 days of continuous service should have been placed much higher in the seniority list and, thus, could not have been retrenched having regard to the principle of "last come first go". It was also contended that while passing an order of retrenchment, the provisions of Section 25-N of the Act was not complied with.


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