ASSISTANT ENGINEER Vs. BABULAL

JUDGEMENT

(1.) Heard the learned counsel appearing on either side.

(2.) As per the case of the respondent-workmen they were appointed and were declared permanent on the dates given in the table: <FRM>JUDGEMENT_1234_LLJ1_2001Html1.htm</FRM> They were retrenched from service w. e. f. May 31, 1983 without any notice. According to them they had completed 240 days in one calendar year and that there has been non-compliance of Section 25-N of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the ID Act') and there was also non-compliance of the other mandatory provisions of the ID Act. In such circumstances the respondent-workmen raised an industrial dispute and the State Government vide its order dated July 23, 1989 made a reference to the Labour Court, Kota. The appellant herein submitted a reply to the claim petition on October 25, 1990. According to the appellant, the order dated May 28, 1993 was issued in pursuance to the order dated April 16, 1983 issued by the State Government through which certain divisions of the Irrigation Department were abolished which included the Command Area Development Irrigation Circle-I, Kota in which the respondents were working. As the respondent-workmen were surplus employees , they were retrenched from service on May31, 1983. As per the case of the appellant, the respondents were also offered notice pay and compensation as per the provisions of the law and an advertisement was also published in the news papers informing all concerned to come to the office and to receive the amount of compensation. Therefore, it is submitted by the learned counsel for the appellant that it is wrong to say that the retrenchment of the respondent- workmen is in violation of the provisions of the ID Act.

(3.) The Labour Court vide award dated February 17, 1999 held that the retrenchment of the respondent-workmen is not just and proper and that the workmen are entitled for reinstatement in service and also entitled to back wages w.e.f. June 11, 1986 to the extent of 30%.