M P ELECTRICITY BOARD Vs. MANOJ KUMAR

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution of India, the petitioners are challenging the validity of impugned order Annexure P/1 dated 27-11-2000 whereby the appeal filed by respondent No. 1 has been allowed and he has been directed to be reinstated.

(2.) SANS unnecessary details the facts be in a narrow compass. Suffice it to state that respondent No. 1 (hereinafter referred to as 'the employee') filed an application under Sections 31 (3), 61 and 62 of the M. P. Industrial Relations act before the Labour Court challenging the action of the petitioners terminating his services by an oral order. According to employee, his services were terminated by an oral order dated 28-11-1990. The contention of employee before the Labour Court was that since he had served continuously for more than 240 days in a calendar year, therefore the action of employer terminating his services amounts to illegal retrenchment since the provisions of Section 25-F and G of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act of 1947') were not complied with.

(3.) THE averments made by the employee in his application were refuted by the petitioners by filing written statement. The Labour Court on the basis of pleadings framed necessary issues. The parties thereafter led their evidence and Labour Court after close scrutiny of the evidence came to hold that since the workman has not worked more than 240 days continuously in a calendar year, therefore, the action of employer terminating his services does not amount to illegal retrenchment. Eventually, the application filed under the act by the employee was dismissed by the Labour Court. The order of Labour court dated 15-12-1998 has been placed on record as Annexure P/2.