THE DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY AND OTHERS Vs. K. SUBRAMONIAM AND OTHERS

JUDGEMENT

(1.) The only question that was argued before us in this writ appeal and which survives for our decision is whether the termination of service of respondents 1 to 19 had been effected by the appropriate authority of the Railway Establishment, who can be regarded as their "employer" competent to effect their retrenchment. The learned Judge held that the retrenchment was not by the appropriate authority who can be regarded as "employer", and was therefore not valid and proper. On that one ground, the learned Judge quashed the retrenchment order, leaving the Railway authorities free to deal with the respondents in accordance with law.

(2.) It was common ground before us that the appropriate authority to effect retrenchment is the Divisional Engineer. That being so, the only question is : Was the retrenchment effected by the Divisional Engineer ? The retrenchment order is evidenced by Ext. P2 dated 21-4-1975. It reads : "Southern Railway

(3.) We are unable to agree with the learned Judge. We allow this appeal and set aside the judgment of the learned Judge and direct that O. P. No. 2224 of 1975 will stand dismissed. There will be no order as to costs.