UNION OF INDIA Vs. JAYDEV MANDAL

JUDGEMENT

(1.) THIS is an appeal from the judgment and order of Basak, J. , dated July 19,1974, whereby the rule obtained by the petitioners was made absolute. The petitioners were discharged from their services under the Railways by the following order:

(2.) THE petitioners claimed that they were in service under the bridge Inspector, Eastern Railway, Howrah, as fitters and welders or unskilled workers in the respective scales from September 18, 1969, on completion of 180 days of continuous service. There is now no dispute that the petitioners who joined firstly as casual workers worked for a period of 180 days continuously prior to September 18,1969 and they thereby acquired the status of temporary railway servants. The petitioners' case is that by the impugned order they were being retrenched from service without following the procedure laid down in Sections 25-F and 25-G of the Industrial Disputes Act. They accordingly moved this Court by an application under Art. 226 (1) of the Constitution praying for appropriate writs commanding the respondents to the rule, the Union of India and the Railway Administration to withdraw or rescind the impugned order. On this application a rule was issued on March 28, 1973, calling upon the said respondents to the rule to show cause as to why the writs prayed for should not be issued and other orders passed as may be deemed fit in the circumstances.

(3.) THE respondents contested the rule and filed an affidavit-in-opposition verified by Narayan Chandra Mukherjee affirmed on August 24, 1973. In paragraphs 3 and 4 of the said affidavit it is stated as follows: