UTKAL ASBESTOS LTD Vs. T S RAO

JUDGEMENT

(1.) THE award of the Industrial Tribunal in Industrial Disputes case No. 16 of 1982, annexed as annexure 4 has been assailed in this writ application.

(2.) THE short facts of the case are that the State Government made a reference under Section 12 (5) read with Section 10 (1) (d) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act), the reference being:

(3.) THE petitioner who is an employer made out the case that opposite party 1 was appointed by order, dated 1 December 1978, on probation and the said probationary period of six months had been extended but as the work was found unsatisfactory, his services were terminated with effect from 10 July, 1980. On the date of termination, the management had Rs. 601 outstanding against the workman and, therefore, a sum of Rs. 300 was adjusted towards one month's pay in lieu of notice and Rs. 300 was adjusted towards the statutory compensation and, therefore, there has been full compliance of Section 25-F of the Act. The workman, however, challenged the order on the ground that the provisions of Section 25-F have not been complied with. The management examined one witness and the workman also examined one witness. The Tribunal came to the conclusion that the statement of account relied upon by the management has not been signed by the workman and, therefore, it can be said to have been subsequently created for the purpose of litigation. He further held that the question of adjustment had not been mentioned in the termination order and even if there was such an adjustment, it is not legal and is not permissible under the Act, The Tribunal further held that there was no intimation to the Government regarding the aforesaid retrenchment and, therefore, there was infraction of Section 25-F (c) of the Act and accordingly the order of termination was illegal and unjustified. The Tribunal, therefore, directed that the workman opposite party 1 in this writ application be reinstated in service with full back wages.