PURSHOTTAM REVACHAND BAVISKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner joined the service of the Union of India in the Saman Bhandar Nirikshanalaya (Inspectorate of General Stores) in 1963 as a Viewer 'D' . On 6th May 1981 he was issued a notice informing him that his services were no longer required and that they would stand terminated on the expiry of a period of 3 months from the date of the service of the notice upon him. On 24th September 1981 the petitioner was served with an order which stated that his service stood terminated with effect from 5th August 1981. In the Daily Orders of the Inspectorate dated 9th September 1981, it was stated that, consequent upon reduction in the industrial establishment, the petitioner had been rendered surplus.

(2.) The petition seeks to quash the notice dated 6th May 1981 and the order dated 24th September, 1981.

(3.) It was submitted by Mr. Dharap, learned counsel for the petitioner, that the termination of the petitioner's services was, as the Daily Orders dated 9th September, 1981 showed, due to his having been rendered surplus. The petitioner was, therefore, retrenched. The requirements of Section 25F of the Industrial Disputes Act, 1947, had, admittedly, not been complied with. The termination of the petitioner's services was, hence, void ab-initio and he was entitled to an order of reinstatement with full back wages.