G. M. LODHA, J. - (1.) THIS writ petition has been directed by the Rajasthan State Road Transport Corporation, Jaipur (herein-after called as 'corporation') against the judgment of the Industrial Tribunal on a reference under Section 10 (1) (c) of the Industrial Disputes Act.
(2.) IT is not in dispute that Mangi Lal, employee of the Corporation was removed from the service and at the time of his removal since he has completed 240 days, he was to be governed by the provisions of Industrial Disputes Act. The finding of the Tribunal is that the Corporation has not complied with Section 25-F (b) in asmuchas retrenchment compensation has not been paid. Mr. Jain, learned counsel for the Corporation submitted that present one was not a case of retrenchment because removal was made under the Standing Orders of the Corporation and not under the Industrial Disputes Act. I have considered the submissions of Mr. Jain, care fully. After the judgments of the Hon'ble Supreme Court in State Bank of India vs. N. Sundara Money (1), Santosh Gupta ys. State Bank of Patiala (2), S. K. Verma vs. Industrial Tribunal-cum-Labour Court (3 ). and L. Robert D. Souza vs. Executive Engineer (4), it is well established that in the matter of termination of services of the industrial workers all types of removal except those which are based on misconduct, are covered by the definition of retrenchment as contemplated by the Industrial Disputes Act and the industrial workers are entitled to, the benefits of the provisions in respect of retrenchment. In my considered opinion Section 25 (J) of the Industrial Disputes Act makes it explicit that the provisions of this Chapter-V of the Industrial Disputes Act relating to retrenchment would apply notwithstanding any thing inconsis-tant therewith contained in any other law including Standing Orders made in the Industrial employment Standing Order 1946. It has further been mentioned in the proviso that a workman is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this Act. Again clause (2) of Section 25-J affirms that rights and liabilities of the workers and workmen in so far they relate to retrenchment shall be determined in accordance with the provisions of this Chapter.
(3.) SECTION 25 (J) reads as under : 25-J Effect of laws inconsistent with this Chapter:- (1) The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in any other law (including Standing Orders made under the Industrial Employment) (Standing Orders) Act, 1946 (20 of 1946) : Provided that where under the provisions of any other Act or rules, orders or notifications issued thereunder or under any Standing Orders or under any award, contract of service or otherwise, a workman is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this Act, the workman shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he receives benefits in respect of other matters under this Act. (2) For the removal of doubts, it is hereby declared that nothing contained in this Chapter shall be deemed to affect the provisions of any other law for the time being in force in any State in so far as that law provides for the settlement of industrial disputes, but the rights and liabilities of emplyers and workmen in so far as they relate to lay-off and retrenchment shall be determined in accordance with the provisions of this Chapter. A comprehensive study of Chapter-V of the Industrial Disputes Act and specially Section 25-J makes it clear that amendment introduced by Section-J of the Industrial Disputes Act was done for the purposes of removing doubts about the application of retrenchment provisions in cases of workmen, who were governed by Standing Orders or any Rules or Regulations of the conditions of service or the conduct about the employer and the employee. It is well known that Industrial Disputes Act is a progressive legislation enacted for the purposes of emancipating the workmen from the exploitation by the employer taking advantage of their weak position in comparision to the employers and to alieonerate the weaker section of the society, which formed the workmen or labour segment in the industries Various safe-guards have been provided in this Chapter in respect of retrenchment and compensation to be paid is one of those safe-guards Both the proviso to clause (1) as well as Clause (2) of Section 25-J articulate and emphasized the legal requirement of compliance of this Chapter in respect of all workmen, who are sought to be retrenched irrespective of other laws. The only exception made is that if other provisions of the any other Act or Rules gives more benefit to the workmen then the employer would not be allowed to used this Chapter as a Said or defence for non application of those laws. The substance of the scheme of this Chapter is that wherever and whenever and in whichever law better favourable conditions have been prescribed for the workmen then they would apply. ;