JUDGEMENT
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(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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