CORPORATION OF COCHIN Vs. JALAJA

JUDGEMENT

(1.) Can a workman employed in an industry and retrenched from service, to give place to a candidate advised by the Public Service Commission, claim protection under S.25F of the Industrial Disputes Act This, in short, is the question raised in these two writ appeals.

(2.) Chap.5A of the Industrial Disputes Act confers very valuable rights to workman in an industry. Several Departments of the Government and many statutory corporations have to be treated as ''industry" in view of the pronouncement of the Supreme Court in the Bangalore Water Supply v. A. Rajappa ( 1978 (2) SCC 213 : AIR 1978 SC 548 ) and the ruling of a Full Bench of this Court in Umayammal v. State of Kerala ( 1982 KLT 829 ). Thereafter this court had to consider the competing claims of the candidates advised for appointment by the Public Service Commission and the workmen retrenched under the Industrial Disputes Act. This court in Viswambharan v. State of Kerala ( 1983 KLT 635 ) observed thus:-

(3.) In fact in the appointment order issued to the petitioner in OP. No. 3776 of 1983 (Ext. P1) it is specifically stated that she could continue in her post for a maximum period of one year from the date of the original appointment or till regular hands from Public Service Commission join duty whichever is earlier. They were, however, not given any notice, or compensation in lieu of notice, as contemplated under S.25F of the Act. In OP. No. 3776 of 1983, (subject matter of W. A. No. 415 of 1983) the learned single Judge held that the petitioner therein was entitled to the protection of S.25F of the Industrial Disputes Act, that retrenchment in violation of the mandatory provision of S.25F was invalid and therefore directed her reinstatement in service. But the learned Judge protected the right of the PSC hands as well by stating "Her continuance of service would be subject to the right of a regular hand advised by the PSC on reporting for duty''. The Corporation has tiled the appeal.