DEOLI BAKARAM Vs. STATE INDUSTRIAL COURT NAGPUR

JUDGEMENT

(1.) THIS order will also govern Special Civil Applications Nos. 118 of 1958, 119 of 1958, 120 of 1958 and 121 of 1958.

(2.) THE petitioners in all these cases were employed in the Empress Mills at Nagpur. All of them have been retired from service upon the ground that they have completed 30 years service or over on 1-9-1956. This was done in pursuance of an agreement arrived at between the Rashtriya Mill Mazdoor Sangh on the one band and the Central India Spinning, Weaving and Manufacturing Company Ltd. respondent No. 3 on the other. Under this agreement, each of the petitioners was paid 15 days basic wages and dearness allowance per completed year of service as compensation and in addition one month's salary in lieu of notice.

(3.) THE petitioners contend that the agreement was mala fide, that it was entered into by a Union of which they were not members and that each of them was fit and healthy and able to work in a satisfactory manner. They also alleged that while implementing the agreement a number of persons who have completed more than"30 years service have actually been permitted to continue in service despite the agreement. According to Shri Sathe, learned counsel for the petitioners, this is not a case of retirement at all but is a case of retrenchment and as the proper procedure laid down in that regard in Chapter V-A of the Industrial Disputes Act, 1947, has not been followed, the petitioners are entitled to reinstatement.