GOVT NEHRU DEGREE COLLEGE Vs. ASHOK KUMAR VERMA

JUDGEMENT

(1.) THE petitioner Government Nehru Degree College, Sabalgarh District, Morena is aggrieved against the award given by the Presiding Officer, Labour Court No. 1, Gwalior. By this award dated February 27, 1993, the Labour Court came to the conclusion that respondent No. 1 had completed 240 days of continuous service in one calendar year and as the case fell under Section 25-F of the Industrial Disputes Act, 1947 it found no other option but to quash the order of termination. While doing so, back wages were also given.

(2.) SO far as interpretation of Section 25-F of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act' for short) is concerned, it is settled that every termination which may be brought about in any manner would be covered by the term retrenchment. In The State Bank of India v. Shri N. Sundara Money, (1976-I-LLJ-478) (S. C) a Bench of three Judges consisting of Chandrachud, J. , (as he then was), Krishna Iyer, J. , and Gupta J. , considered the question whether Section 25-F of the Act was attracted to a case where the order of appointment carried an automatic cessation of service, the period of employment working itself out by efflux of time and not by an act of employer. Krishna Iyer, J. who spoke for the Court observed: (P. 482483):

(3.) THE other decisions on the subject are Hindustan Steel Ltd. v. The Presiding Officer, Labour Court, Orissa (1977-I-LLJ-1) (SC) and Delhi Cloth and General Mills Ltd. v. Shambhu Nath Mukherjee (1978-I-LLJ-1) (SC ). In the latter case, the striking off the name of a workman from the rolls by the management was held to be termination within the meaning of the term retrenchment as occurring in Section 2 (oo) of the Act.