MULTI EXPELLER WORKS KOTA Vs. LABOUR COURT KOTA

JUDGEMENT

(1.) AN Industrial dispute about the termination of Kishan Lal by Multi Expeller works, Kota, resulted in an award of the Labour Court, dated 20th September, 1979. The termination was held illegal and the labour court reinstated the employee and also allowed full wages for the period of termination.

(2.) MR. Jain appearing for the petitioner has challenged this award under article 226 of the Constitution. It was argued that the Labour Court has committed serious illegality and error of law in holding it retrenchment even though there was no element of surplus-age and therefore, it was not covered by the definition of retrenchment as held by series of cases of the Supreme Court. MR. Jain pointed out that even this court has made a reference in respect of interpretation of the term 'retrenchment' as used in sec. 2 (oo) of the Industrial Dispute Act and therefore this case should be admitted on this point alone.

(3.) INSPITE of all this Mr. Jain insists that this Court should bold that the judgment of Hariprasad Shivshanker Shukla being of more than two Judges, is binding even though it is against the view taken by the Supreme Court in Santosh Gupta's case. In substance. Mr. Jain wants this Court to become more pious than the Pope himself. I cannot sit over the judgment of the Supreme Court in Santosh Gupta's case in order to spell out whether whatever they have said about the consequences which are to be follow from Hariprasad Shivshanker Shukla's case, are not correct.