PIONEER LIMITED Vs. S TAJDAR HUSSAIN DEAD

JUDGEMENT

(1.) In this appeal, by special leave, the judgment and order of the Division Bench of the High Court of Allahabad, dated the 12th May, 1967 in Special Appeal No. 75 of 1966 are under attack.

(2.) The appellant effected retrenchment and terminated the services of S. Tajdar Hussain, the original first respondent in this appeal, and now deceased. A dispute was raised regarding the validity of the order of retrenchment and, accordingly, the same was referred by the State Government for adjudication to the concerned labour Court.

(3.) Though, before the Labour Court, at a very early stage, the workman raised a controversy regarding the right of the appellant to be represented by Mr. O. P. Vatsa, the proceedings show that later on, the said workman withdrew his objections. It is also clear from the order of the Labour Court that this point was never raised during the later stage of the proceedings. The Labour Court, on a consideration of the evidence adduced by the parties, ultimately upheld the order of the management, retrenching the workman concerned. But it is seen from the said award that the workman, though offered the amounts due to him under Section 25F of the Industrial Disputes Act, did not actually receive the amount. Hence the Labour Court held that the amount, having been made available to the workman by the Company, it was not the fault of the Company if the workman did not receive the same. Ultimately, the Labour Court upheld the order of retrenchment as valid.