KOODARANJI SERVICE CO OP BANK LTD Vs. LISSY

JUDGEMENT

(1.) Appellant is Koodaranji Service Cooperative Bank Ltd., Koodaranji, Mukkom, Kozhikode. First respondent, Smt.Lissy, was appointed in the Bank as a clerk on daily wages on 2-3-1983 .She continued to serve the Bank in that capacity upto 1-4-1989. Her services were terminated on the basis of the instructions issued by the higher authorities under the Cooperative Societies Act. Termination of her services gave rise to an industrial dispute. It was referred to the Labour Court, Kozhikode for adjudication. Labour Court entertained the same as I.D.5/1991. After appreciating the evidence let in by the contesting parties, the Labour Court passed an award on 21-1-1992 directing the Bank to reinstate Smt.Lissy as a Clerk with back wages and continuity of service. Bank challenged that award in O.P.10304/1992. A learned Single Judge dismissed that Original Petition by judgment dated 17-8-1992 taking the view that the termination of service of Smt. Lissy is retrenchment as defined under the Industrial Disputes Act, hereinafter referred to as "the Act", since it does not fall within clauses (a), (b) and (c) of the definition in S.2(oo) of the Act. Bank questions the correctness of this decision.

(2.) The short question that arises for consideration is whether the termination of service of Smt.Lissy will amount to retrenchment as defined in the Act. S.2(oo) of the Act is in the following terms:

(3.) A retrenched workman is entitled to re-employment in preference to others when the employer proposes to take into his employ any other person, as per the provisions contained in S.25H of the Act. This shows that the termination of service of the workman should have been from a post to which he could have been continued. If the post is such that its continuance is not possible, then the termination of service of the workman from that post cannot amount to retrenchment as defined under the Act.