PARSIDH SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) THIS is an application for a writ of certiorari in order to quash an order of the respondents terminating the services of the petitioner on the, ground that he had reached the age of superannuation.

(2.) THE petitioner was an Assistant Store Keeper in the Industrial establishment known as the Jammu Rosin and Turpentine Factory Miran Sahib. This factory is owned by the State and is under the administrative control of respondent No. 2 who is the manager of the factory. The petitioner joined the service of the factory in the year 1955 and has since then been serving in the factory in the capacity of an Assistant Store Keeper till his services were terminated by an order dated 22 -10 -1962. The petitioner urged that he was a Workman within the meaning of Section 2 (q) of the Industrial Disputes Act, 2006 and as the termination of his services in the manner described above amounted to retrenchment within the meaning of section 25 -F of the Industrial Disputes Act, he was entitled to compensation before his services could be terminated.

(3.) THE Advocate General appearing for the respondents has submitted in the first place, that the petitioner was not a workman as the duties which he had to perform were of an administrative nature, and secondly that the termination of the services of the petitioner was a discharge simpliciter and could not be termed as a retrenchment within the meaning of Section 25 -F of the Industrial Disputes Act.