P.K.BISWAS, J. - (1.) This appeal is directed against the judgment and order passed by the Single Bench of this Court dated January 16, 2004, whereby, the learned single Judge of this Court was pleased to dismiss the writ application being No. 046 of 2003.
(2.) The short facts leading to the filing of this appeal are as under: The petitioner/appellant filed a writ application challenging an order dated December 20, 2002 passed by the Andaman & Nicobar Administration which was signed by one Shri P.K. Minz, Assistant Secretary (Labour). By the said order the Development Officer, Rubber Board, was informed that the permission for retrenchment of its 52 permanent workers and 6 casual labourers were not granted by the competent authority. It has also been alleged by the petitioner/appellant that the order has been passed without hearing the petitioner and without taking note of the relevant facts and as such, the order impugned is patently illegal and violative of the principles of natural justice, since the statutory requirements of Section 25-N of the Industrial Disputes Act have not also been complied with before passing the order making the same patently illegal and erroneous.
(3.) It has also been alleged in the writ petition itself that the Rubber Board being a statutory body constituted under the Rubber Act, 1947, the Board is directly functioning under the Ministry of Commerce and Industries, Government of India, and the main functions of the Board are defined in the Rubber Act, 1947 which contains amongst the others to promote by such measures, as it thinks fit, the development of Rubber Industry and for the above purpose for imparting training to the farmers and workers of Andaman in various aspects of cultivation, exploitation, processing and marketing of rubber, the Rubber Board has established a Rubber Research-cum- Development Station of Saithankari, which was later renamed as Nucleus Rubber Estate and Training Centre (NRETC). It has also been alleged that the aforementioned Centre was started as an experimental station and the same has been functioning as such since the year 1965 and over the period of time on account of various restrictions including expansion of the rubber cultivation in the Island, the above purposes of imparting training to the farmers lost its relevance and viability and as such the petitioner came to the firm conclusion that running a commercial plantation and that too in just 200 hectors is apart from being unviable, not a function of the Rubber Board. Therefore, on overall consideration of the matter and upon in-depth study into the viability and future and also taking into account the present requirements, the petitioner came to the conclusion that 52 permanent workers and 6 casual workers are surplus at NRETC.;