ASSISTANT ENGINEER CXL Vs. S K DINDE

JUDGEMENT

(1.) THIS writ appeal is directed against the order dated April 16, 1997 in w. p. no. 37388/1995 as modified by subsequent order dated November 3, 1998 in c. p. 989/1997, whereby the learned single judge has affirmed the judgment and award of the labour court, hubli, directing reinstatement of the respondent but by restricting back wages only from the date of award i. e. April 21, 1995 till the date of reinstatement as against full back wages from the date of retrenchment but otherwise with continuity of service and other consequential benefits.

(2.) THE questions which have fallen for our consideration are of vital consequence being related to jurisdiction of the labour courts functioning in the state. First we may notice the bare minimum facts which are relevant for the above purpose. The respondent was employed as a casual worker on the muster roll of the telephone exchange at belgaum from September 10, 1985. But keeping in view the subsequent policy decision taken by the government of india, the services of all the casual workers were terminated by following the statutory requirements contemplated under Section 25-f of the Industrial Disputes Act, 1947 (in short the act ).

(3.) IN the case of respondent, one month's notice was issued to him on October 28, 1998 (Annexure-B) clearly stating therein that on expiration of the said period from the date of receipt of notice he stands retrenched. Retrenchment compensation amounting to Rs. 1,143/- was also paid to him on December 19, 1988 (Annexure-C ). After receiving of the compensation, he filed application being o. a. No. 1815/1988 before the central administrative tribunal questioning his termination from service. But the same was dismissed by the tribunal on merits by an order dated June 19, 1989 (Annexure-D) upholding the order of termination as valid. Anyhow, the tribunal made an observation that the department should make attempt to rehabilitate the respondent in a regular appointment with such expedition as may be possible in the circumstances of the case.