RAM REFRIGERATION INDUSTRIES Vs. ANJI REDDY

JUDGEMENT

(1.) Sri Ram Refrigeration Industries, Hyderabad is the petitioner herein. The award of the Labour Court, Hyderabad, respondent No. 2 herein, in 1. D. No. 70/79 passed on 27-8-81 is questioned in this writ petition.

(2.) The petitioner employed respondent No. 1 as a temporary workman on 15-12-74. He was in service continuously till 8-2-75. He was retrenched on that date. The first respondent was again appointed on 19-12-75 as a temporary workman but this time he continued till 6-4-78 without any break. On 7-4-78 he was retrenched. The workman raised a dispute that his retrenchment was invalid. The Government in G.O. Ms. No. 547 dt. 7-8-79 referred the matter to the Labour Court for adjudication under Section 10(1)(c) of the Industrial Disputes Act, 1947 (the Act for short). The following two questions were referred for adjudication.

(3.) The labour court after considering all the evidence field that the order retrenching the workman from service on 7-4-78 is void. Accordingly the Labour Court held that the workman should be deemed to be continuing in service with all consequential benefits. It is this award that is assailed in the present writ petition.