MOHAMMAD ABDUL KHADAR Vs. ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION

JUDGEMENT

(1.) I. These three writ petitions are by the employees of the Andhra Pradesh State Road Transport Corporation in respect of whom the competent Authority notified that they are deemed to have ceased to be in service of the Corporation in terms of Regulation No. 39 (3) of the Andhra Pradesh State Road Transport Corporation Employees' (Leave) Regulations, 1963. That Regulation in so far as it is relevant for our present purpose, reads as follows ;

(2.) According to the statement in the order notifying that the petitioners have ceased to be in service, each of them had gone on leave and had absented himself for more than seven days. It is common ground that no enquiry was made deeming this absence to be misconduct. It is also not disputed that before issuing the impugned notification, the requirements of Section 25-F of the INDUSTRIAL DISPUTES ACT, 1947 were not-fulfilled by the Management.

(3.) Two contentions are raised on behalf of the petitioners (1) that such cessation of service casts a stigma on them and the provisions laying down the procedure for enquiry into misconduct of an employee should have been complied with before issuing the order of cessation ; and (2) that when cessation is notified under Regulation 39 (3), the employment stands terminated and it constitutes retrenchment within the meaning of Section 25-F of the INDUSTRIAL DISPUTES ACT, 1947 and inasmuch as admittedly the provisions of Section 25-F have not been complied with in the case of any of these employees, the impugned ordere cannot be sustained.