PROJECT DIRECTOR DISTRICT LITERACY SAMITI Vs. MAMTA SHRIVASTAVA

JUDGEMENT

(1.) These two petitions are filed against the Award dated October 20, 1999 passed by the Labour Court, Rewa. The dispute of respondent No. 1 was referred to the Labour Court and it was registered as Case No.3/ID Act (Ref.)/99 Sushri Mamta Shrivastava v. Project Director, Distt. Literacy Samiti and the dispute of respondent No.1 of Writ Petition No. 3251/2000 was referred to the Labour Court, and was registered as Case No.5/ID Act (Ref. )/99, Ramkali Verma v. Project Director, Distt. Literacy Samiti by the Labour Court.

(2.) In both the orders, the Labour Court found that since the workmen had worked continuously for a period of 240 days in a calender year, therefore, their termination amounts to retrenchment and as the provisions of Section 25-F of the ID Act, 1947 (hereinafter referred to as 'the Act') are not followed, their termination amounts to retrenchment and they are entitled for reinstatement with 50% back wages. Hence this petition.

(3.) In this petition, it has been contended by learned counsel for the petitioner that in order to eradicate the illiteracy, Central and State Governments framed Scheme under the Saksharata Mission and Adult Education Programmes. Under the said scheme the petitioner-samiti was established under the M.P.Registrikaran Adhiniyam, 1973. The contention of learned counsel for the petitioner is that Annexure-P/1 is the entire scheme under which for the year 1994-96 the samiti took the task to eradicate the illiteracy in Rewa District. 35 Learned counsel has invited my attention to page 11 of the said scheme and has contended that this scheme was enforced from June, 1994 to September, 1995. Learned counsel has further invited my attention to page-21, Chapter-16 of Annexure-P/1 which shows the provisions in regard to the accounts. The funds were also provided only for 18 months. The contention of learned counsel is that the petitioner-samiti cannot be said to be an