CHANABHAI MULJIBHAI AND OTHERS Vs. GUJARAT HOUSING BOARD

JUDGEMENT

(1.) HEARD the learned Advocate.

(2.) THE Appellants -workmen were the employees engaged by the Respondent - Gujarat Housing Board (hereinafter referred to as 'the Board') for maintenance of the residential houses constructed by the Board. In the year 1988, the residential units were transferred to the occupants rendering the maintenance staff (the Appellants) surplus. The Appellants were, therefore, retrenched as contemplated by the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). They were paid notice pay and retrenchment compensation.

(3.) FEELING aggrieved, the Board preferred the above writ petitions before the learned Single Judge. The learned Single Judge has recorded that the workmen were given notice pay and were paid retrenchment compensation as envisaged by Section 25 -F of the Act. As to the compliance with Sections 25 -G and 25 -H of the Act, the learned Single Judge has observed that, "there is nothing on record to show that juniors to the Respondents were appointed in service by the Petitioner and therefore there is no violation of Section 25 -G and H." Accordingly, the learned Single Judge has allowed the writ petitions and set aside the award passed by the Court below. Therefore, the present Appeal.