(1.) THE reference made by the Division Bench vide order dated 21.01.2014, for the purpose of which, the Full Bench has been constituted is to decide the vexed question as to whether the persons appointed on public posts without following proper procedure would be entitled for reinstatement in view of the violation of the provisions of Section 25 -F of the Industrial Disputes Act, 1947 (in short 'the Act') or in view of judgment of the Constitutional Bench in Secretary, State of Karnataka and others v. Uma Devi and others, : 2006(2) S.C.T. 462 : 2006 (4) SCC 1 only the relief of compensation could be granted in such circumstances. The questions framed by the Division Bench read thus: -
(2.) THOUGH , the sole question of law as such has to be decided in terms of the reference which has been made to the Full Bench, a brief reference to the facts has to be necessarily made.
(3.) IN the reply, the stand of the appellant's counsel was that the workman was working on a contract basis and the retrenchment had been done after complying with the mandatory provisions of Section 25 -F of the Act and as per resolution dated 26.03.1997. Section 2(oo)(bb) of the Act was also pleaded by submitting that the contract was for one year upto 31.03.1997 after obtaining sanction from the Director, Local Government for specified work and specified period. There was no vacancy and no juniors had been retained and new hands had been recruited. As per the Resolution No. 50 dated 26.03.1997, it had been unanimously decided to retrench all clerks and peons employed on contract basis on or after 31.03.1997. The demand drafts of Rs. 4,686/ - on account of wages for the month of March, one month's wages in lieu of notice and retrenchment compensation were delivered alongwith the notice personally on the workman but he had refused to accept the same in spite of being sent by registered post also.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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