LAWS(P&H)-1972-10-56

BIDHI SINGH, ETC Vs. UNION OF INDIA, ETC

Decided On October 31, 1972
BIDHI SINGH, ETC Appellant
V/S
UNION OF INDIA, ETC Respondents

JUDGEMENT

(1.) This order will dispose of Civil Writs Nos. 509 of 1971 and 1115 of 1971.

(2.) In Civil Writ No. 509 of 1971, it has been alleged that the petitioners were employed as workmen by respondent No. 2. They were relieved from service on 30th November, 1969 at the time of their discharge, they were not paid retirement compensation as required by Section 25-F of the Industrial Disputes Act. This fact is admitted in return filed by respondent No. 2 and it has been explained that retrenchment compensation could not be offered to the petitioners because they had put in service for a long period and some of their service records were not available. In State of Bombay and others v. Hospital Mazdoor Sabha and others, 1960 1 LLJ 251, Supreme Court observed as under :-

(3.) In view of the above mentioned observations made by the highest Court of Law, I quash the order dated 15th September, 1969, by which the services of the petitioners had been retrenched. It shall, however, be open to respondent No. 2 to retrench the services of the petitioner in accordance with law.