MUNSHI SINGH Vs. NAGAR PANCHAYAT

JUDGEMENT

(1.) THIS writ petition came up for hearing before a Division Bench of this court on 23-1-2009 and the Division Bench vide its order dated 23-1-2009 has referred this case to Full Bench, as the Division Bench was of the opinion that the question whether once the termination order is struck down on the ground that it is in violation of Section 25-F of Industrial Dispute Act (for short "the act") then the Court has to strike on the illegality and direct reinstatement.

(2.) THE gist of the question, referred to the Full Bench is whether once the termination order is struck down by holding the same to be violative of section 25-F of the Act, it is mandatory for the Court to strike on the illegality and direct reinstatement.

(3.) THE Apex Court in the case of M/s. Hindustan Tin Works Pvt. Ltd. Vs. The Employees of M/s. Hindustan Tin Works Pvt. Ltd. and others, AIR 1979 sc 75, has laid down in Paragraph 9 of the judgment that:-