MARHOWRA FACTORIES MAZDOOR SANGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition arises from an award of the Labour court.

(2.) THE Reference was in the following terms: "Whether the termination of services of Sri Suresh Mishra Seasonal Cane Clerk is proper and justified ? If not, is he entitled to reinstatement or any other relief - The Labour court, Muzaffarpur, to which Reference was made, came to the conclusion that the workman i.e. Suresh Mishra was a temporary employee. He was engaged for doing the job of punching cane receipts which came to an end and accordingly his service was terminated. His termination was thus justified. The workman has approached this Court challenging the award.

(3.) AT the out set Sri Manan Kumar Mishra, learned counsel for the petitioners, did not seriously press the alleged violation of the provisions of Section 25F of the Act. He canvassed the petitioner 'scase on the analogy of Mithilesh Singh 'scase and laid stress on the alleged violation of other provisions, namely, Clause 39 of the Standing Orders and Section 25G of the Act. With reference to documents he sumbmitted that Mithilesh Singh had been retained in employment in violation of the mandate of Section 25G of the Act containing the principle of 'last come first go '. In this regard he placed reliance on decisions of the Supreme Court in the cases of J.K. Iron and Steel Co. Ltd. V/s. Its Workmen, AIR 1960 Supreme Court 1288, and Suraj Prakash Bhandari V/s. Union of India, AIR 1986 Supreme Court 958. Shri Mishra submitted that in view of the fact that the Company has gone in liquidation and winding up proceeding is pending in the Allahabad High Court, he would not claim re -instatement, rather he would be satisfied if the Court awards him compensation. In this regard he referred to a decision in the case of Sain Steel Products V/s. Naipal Singh and others, AIR 2001 Supreme Court 2401.