DIVISIONAL SUPERINTENDENT, SOUTH EASTERN RAILWAY, BILASPUR Vs. S.SHANKARAN

JUDGEMENT

(1.) THIS order shall also dispose of Misc. Petition No.421 of 1979.

(2.) RESPONDENT No.1 in Misc. Petition No. 421 of 1979 and respondents 1 to 4 in Misc. Petition No. 253 of 1978 were casual or temporary gang -men employed by the South Eastern Railway. Their services were retrenched on 18th August 1977. They applied on 1st September 1977 under section 33 -C (2) of the Industrial Disputes Act. 1947, to the Labour Court for recovery of wages on the ground that the retrenchment is void and they continued to be in service. In the applications filed by the respondents it was contended by the Union of India that the Labour Court bad no jurisdiction to go into the question of validity of retrenchment. It was also submitted that there was proper compliance of section 25 -F of the Act. The Labour Court by order dated 16th December 1978 allowed the application of the respondent in Misc. Petition No. 421 of 1979. By another order passed on 30th January 1978 the applications of the four respondents in Misc. Petition No. 253 of 1978 were also allowed. The Labour Court's reasoning is that the retrenchment was void for non -compliance with the conditions of section 25 -F and, therefore, the respondents continued in service. These orders passed by the Labour Court are challenged in these to petitions before us under Article 226 of the Constitution.

(3.) THE petitions are allowed. The impugned orders of the Labour Court are quashed. There will be no order as to costs. The amount of security deposit in M.P. No. 253 of 1978 be refunded to the petitioner.