ZILLA PARISHAD BHANDARA Vs. KHUSHAL

JUDGEMENT

(1.) A point of some importance is raised in this petition. It is whether the Maharashtra Zilla Parishads (Contract Service) Rules, 1965 ("the Z.P. Rules" for short) override section 25-F of the Industrial Disputes Act, 1947 ("the ID Act" for short)?

(2.) As the award is challenged also on other grounds, it will be appropriate to notice first the salient facts. Respondent Khushal Lanjewar was employed in the work-charged establishment of the petitioner Zilla Parishad, Bhandara, as a muster-clerk from 4th February, 1965 to 13th July, 1966; 15th January, 1968 to 13th June, 1968; 12th November, 1971 to 31st July, 1972; 31st December, 1972 to 31st June, 1973 and lastly from 15th March, 1974 to 5th July, 1976. By notice dated 5th July, 1976, his services were terminated on the ground that work was over. Admittedly, neither retrenchment compensation as provided under section 25-F of the ID Act was paid nor the other procedure contemplated therein was followed. According to the respondent this termination is mala fide and so also illegal. At his instance this dispute was referred for adjudication by the Government to the Labour Court, Nagpur, before which, the respondent examined himself and produced certain documents. The petitioner chose not to adduce any evidence. The Labour Court came to the following conclusions :---

(3.) Before proceeding with the merits of the matter we would like to dispose of an application for amendment filed by the petitioner containing several factual statements, a copy of which was given to the respondents Counsel during the course of hearing of this matter. This long delay of four years and taking the respondent by surprise at the eleventh hour coupled with the circumstance that its grant is bound to result in a remand and another round of litigation the burden of which may be unbearable to the respondent, are our reasons for its rejection.