RAYMOND WOLLEN MILLS LIMITED Vs. C S SONAWANE

JUDGEMENT

(1.) IN this writ petition, the petitioner-employer impugns the judgment and order passed by the learned Member of the Industrial Court, Thane, on 28th June, 1983 in Appeal (IC) No. 12 of 1982.

(2.) THE 1st respondent-employee (hereinafter referred to as "the employee") was working with the petitioner as Machineman in Shearing Department, according to him, for more than one year and thus was a permanent employee. The petitioner terminated his services on January 9, 1976 all of a sudden without giving any notice or without following any procedure of law. The employee, therefore, addressed an approach letter dated 7th February, 1976 under section 42 (4) of the Bombay Industrial Relations Act, 1946 and having failed to get any redress filed Application No. 308 of 1976 in the Labour Court at Bombay under section 78 read with section 79 of the B. I. R. Act. His case was that the action on the part of the petitioner in terminating his services all of a sudden without following any procedure of law was illegal, improper and in violation of principles of natural justice.

(3.) THE application was resisted by the petitioner and it was its case before the Labour Court that the employee was a badli workman and not a permanent hand. The petitioner admitted that the services of the employee were terminated on January 9, 1976 but it was done under the provisions of Standing Order No. 19 (b) governing the relations between the parties according to which no notice was required to be given to a badli workman before terminating his services. According to the petitioner, therefore, it would not be correct to say that their action of terminating the services of the employee was without following any procedure of law and that the same was illegal, improper and in violation of principles of natural justice and as such the petitioner did not think it necessary even to reply the approach letter addressed to is by the employee.