LAWS(ALL)-1993-12-40

JAGAN SINGH Vs. CANARA BANK

Decided On December 23, 1993
JAGAN SINGH Appellant
V/S
CANARA BANK Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner. The facts stated in the writ petition are that the petitioner was appointed as daily wages Cooliman on 7th July, 1992. He continued upto 13th August, 1993, worked for more than 240 days and thereafter respondents stopped taking work from petitioner. Aggrieved by the action of the respondents petitioner filed a writ petition in this Court on 17th August, 1993 in which order to the following effect was passed: "Petitioner is directed to serve respondents within two weeks and they may file counter-affidavit within three weeks thereafter. List on September 29, 1993 before the appropriate court. If the petitioner has completed 240 days of service, he shall be continued in service. However, it will be open to the respondents to terminate the services after complying with Section 25-F of the Industrial Disputes Act." From the perusal of the aforesaid order it is clear that this court left it open to the respondents to terminate the services after complying with the provisions of Section 25-F of the Industrial Disputes Act (equivalent to Section 6-N of the U.P. Industrial Disputes Act, 1947). The respondents by order dated 1st October, 1993 have retrenched the petitioner from service. They have stated reasons in the order that since permanent incumbent has joined the post the services of the petitioner are no longer required. In paragraph No. 2 of the writ petition, petitioner has stated that he was appointed as daily wager on transfer of one Har Lal to another branch of the banking district Rampur. From the averments made in paragraph No. 2 of the writ petition it is clear that the appointment of the petitioner was on a short term vacancy. The order dated 1st October, 1993 further discloses that the petitioner has been paid compensation and also the amount for the salary of one month in view of the notice. In my opinion the order does not suffer from any error of law.

(2.) Learned counsel for the petitioner however submitted that under Section 6-N (c) of U.P. Industrial Disputes Act, 1947, here-in-after referred to as 'Act', a notice in the prescribed manner has not been served on the State Government and hence the order of retrenchment is illegal and is liable to be quashed. Learned counsel placing reliance on Rule 42 of U.P. Industrial Disputes Rules, 1957, hereinafter referred to as 'Rules', has submitted that the provisions of Section 6-N (c) are mandatory and non-compliance of this provision shall vitiate the order of termination which amounts to retrenchment in the facts and circumstances of the case. Learned counsel for the petitioner has placed reliance on a Division Bench Judgment of this Court in case of Shafqat Ullah Khan v. U.P. State Electricity Board and Ors. 1989 (59) FLR 740 (Alld) and has submitted that the Division Bench has held that the condition mentioned in Section 6-N is a condition precedent for passing the order of retrenchment. Reliance has also been placed in cases of Burna Kur Coal Co. Ltd v. Azimuddin Ashraff and another (1960-II-LLJ-434), Ashok Kumar Srivastava and Ors. v. State of U.P., 1991 (63) FLR 917 (Alld), Govind Singh v. Presiding Officer, Labour Court, U.P. and Ors. 1993 (66) FLR 560 (Alld) and it has been submitted that the petitioner was entitled to be regularised on the post and cannot be retrenched.

(3.) I have seriously considered the submissions of the learned counsel for the petitioner and in my opinion, the controversy as to whether non-compliance of Section 6-N (c) of the Act will vitiate the order of retrenchment stands concluded by Honb'le Supreme Court in the case of Bombay Union of Journalists and Ors. v. The State of Bombay and another(\964-l-LLJ-351) in which Honb'le Supreme Court was considering the provision of Section 25-F (c) of Industrial Disputes Act, 1947. which contains the identical provision for giving the order of retrenchment. Learned counsel for the petitioner however tried to distinguish the aforesaid view of Honb'le Supreme Court on the basis of the Rule 80 applicable at Bombay framed by the Maharashtra Government. Learned counsel has also compared Rule 80 applicable in Bombay with Rule 42 of the Rules applicable in the present State.