MANAGEMENT OF KANTI WEEKLY Vs. D D GUPTA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution by the management of M/s. Kanti Weekly against its: workman, Syed Sabeer Hussain, Respondent No. 3. The management has impugned the award of the Labour Court dated 28th May, 1974.

(2.) These are the facts. The .workman, Syed Sabeer Hussain, was a peon in Kanti Weekly. According to the management he was getting Rs. 104 per month as his salary. On 28th February, 1973 a notice of retrenchment was sent by registered A.D. post to the workman staling that his services will not be required from 1st April, 1973 and that his earned wages and retrenchment compensation will be paid to him on the 31st March, 1973 which would be his last working day. The court has found as a fact that it was delivered to the workman on 3rd or 4th March, 1973. As regards compensation the management sent a crossed cheque of Rs. 396.29 on 27th March, 1973 by registered A.D. post. The court found that it was received by the workman on 2nd April 1973. The workman did not accept the cheque. He returned it to the management on 3rd April, 1973. On 4th April, 1973 the management received it back. Thereafter the workman raised an industrial dispute. The government referred the following question to the Labour Court for adjudication :

(3.) By its award the Labour Court held that the retrenchment of the workman was illegal and that he continued to be in the service of the management and on this finding it ordered the workman to be reinstated with full back wages and continuity of service. Against this award of the Labour Court the management has brought the present writ petition.