NATHANIEL MASIH Vs. U P SCHEDULED CASTE FINANCE AND DEVELOPMENT CORPN LTD
LAWS(ALL)-1989-5-32
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on May 16,1989

NATHANIEL MASIH Appellant
VERSUS
UTTAR PRADESH SCHEDULED CASTE FINANCE AND DEVELOPMENT CORPN.LTD. Respondents

JUDGEMENT

U.C.Srivastava, J. - (1.) The order of termination of services of the petitioner from the post of driver passed by the Managing Director of the U.P. Scheduled Caste Finance and Development Corporation Limited (hereinafter referred to as the Corporation) is subject-matter of challenge in this writ petition.
(2.) The petitioner was initially appointed as driver in the Corporation and was drawing salary of less than Rs. 500 per month. His services were terminated by giving him one month's salary. The petitioner has challenged the said order on the ground that he is workman and the opposite party No, 1 being industry the provisions of Sections 25-F, 25-N and 25-G of the Industrial Disputes Act (which are analogous to Section 6 of the U.P. Industrial Disputes Act) are attracted and as the petitioner has completed more than 240 days of continuous service and juniors to him have been retained, his termination amounts to retrenchment without following the provisions of Industrial Disputes Act.
(3.) On behalf of the Corporation a counter-affidavit has been filed and it has been pleaded that the petitioner has no right to file a writ petition after a period of one year and alternative remedy is available. It has been disputed by the opposite parties that the Corporation is an industry and consequently the petitioner is workman. It has been admitted that the Corporation is a Statutory Corporation and is 'State' within the meaning of Article 12 of the Constitution. It has been stated that the main object of the Corporation is to promote and assist, organise, finance and develop the task of socio-economic and educational uplift of the Scheduled Caste in the State of Uttar Pradesh.;


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