GWALIOR CO Vs. CHANDRA PRAKASH DUBEY

JUDGEMENT

(1.) This is a petition under Articles 226 and 227 of the Constitution of India. This petition arises out of the following facts.

(2.) The respondent No. 1 was employed by the petitioner-Bank. He worked with the petitioner-Bank from 12th Jan., 1982 to 30th June, 1982. His services were brought to an end by issuing a letter, copy whereof has been placed on record as Annexure P/3. This termination was challenged before the Labour Court. The Labour Court came to the conclusion that the workman had in fact worked from 12th Jan., 1982 to 30th Jan., 1985 and the persons junior to him were retained in service. On the basis of the above, the Labour Court recorded a finding that the respondent No. 1 is entitled to reinstatement and also backwages. Even though it is not mentioned in the order it appears that the provisions of section 25-F were made applicable.

(3.) The learned counsel appearing for the petitioner is right in his submission that the provisions of section 25-F of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act') would not be attracted to the facts of this case because the workman had not completed 240 days of continuous service in one calendar year. The fact remains that the workman was retrenched in violation of section 25-G of the Act. The finding of fact recorded by the Labour Court that junior persons have been retained in service is not to be examined again in writ jurisdiction.