LAWS(APH)-1996-6-15

SHANTIMOY MANDAL Vs. CONCILIATION OFFICER AND JOINT COMMISSIONER OF LABOUR GOVERNMENT OF ANDHRA PRADESH

Decided On June 17, 1996
SHANTIMOY MANDAL Appellant
V/S
CONCILIATION OFFICER AND JOINT COMMISSIONER OF LABOUR, GOVERNMENT OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) Heard.

(2.) It is indeed unfortunate that a Government of India undertaking has chosen to act arbitrarily and terminated the services of a workman without following the procedures prescribed under Chapters V-A and V-B of the Industrial Disputes Act, 1947. Learned single Judge has, however, accepted the plea on behalf of the respondent-employer that the services of the petitioner-appellant have been terminated on account of the project for which he was appointed coming to a close and in any case, for the said reason the termination has been effected in accordance with the contract of service. Our attention has, however, been drawn to the conditions of the contract of service which has been filed in the writ petition on behalf of the respondent-employer. The condition under which termination is sought to be effected is as follows :

(3.) When, however, confronted with a direct query whether the project has come to an end, learned counsel for the respondent-employer has stated that the project is not yet completed, but it is coming to such a close that many employees are not required and their services accordingly are decided to be terminated with one month's notice or one month's pay in lieu thereof.