AMI LAL AND OTHERS Vs. UTTAR HARYANA BIJLI VITRAN NIGAM AND OTHERS
LAWS(P&H)-2012-9-230
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 07,2012

AMI LAL AND OTHERS Appellant
VERSUS
Uttar Haryana Bijli Vitran Nigam and Others Respondents

JUDGEMENT

- (1.) The petitioners have approached this Court for issuance of a writ in the nature of certiorari quashing their retrenchment with effect from 24 th May, 1984 without making any payment of retrenchment compensation and after termination without offering them re-employment and allowing their juniors to continue in service which is allegedly in contravention of the provisions of Sections 25F, 25G and 25H of the Industrial Disputes Act, 1947 (hereinafter referred to as, 'the Act').
(2.) As per the averments made in this petition, the petitioners were retrenched from service with effect from 24 th May, 1984 in violation of the provisions of Sections 25F, 25G and 25H of the Act and the persons with inferior rights were subsequently appointed as daily-wage workers.
(3.) Admittedly, the petitioners had filed CWP No.6680 of 1990 on the basis of the aforesaid facts seeking a direction for reinstatement into service alleging their preferential right of appointment under the provisions of Section 25H of the Act with effect from the date when the persons, who had joined subsequently, were reinstated into service. The said writ petition was disposed of by this Court as follows: "5. In the absence of clear details of persons, who had been employed subsequently and by the non-impleadment of persons, who are bound to be effected by any direction for re employment without impleading them, I allow the petitioners no relief in these writ petitions. I would, however, re-affirm the principle enunciated in Section 25H of the Industrial Disputes Act and direct that the successor in office relating to the unit at Ambala to prepare a list of all daily rated workers wherever rules permit to have the particular cadre of employees as daily rated workers and if any occasion falls for providing such employment to such class of persons, the petitioners shall be considered in the order of priority as per the date when they were retrenched. The seniority list among daily rated workers shall be prepared within 8 weeks and displayed in the notice board and a copy made available to any of the petitioners on demand, so that they protect their rights and obtain redressals suitably. 6. The writ petitions are disposed of on the above directions.";


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