RAJASTHAN STATE ROAD TRANSPORT Vs. MANGI LAL CHAUDHARI

JUDGEMENT

(1.) THIS writ petition has been directed by the Rajasthan State Road Transport Corporation, Jaipur (hereinafter called as 'Corporation') against the judgment of the Industrial Tribunal on a reference under Section 10(1)(c) of the Industrial Disputes Act.

(2.) IT is not in dispute that Mangi Lal, employee of the Corporation was removed from the service and at the time of his removal since he has completed 240 days, he was to be governed by the provisions of Industrial Disputes Act. The finding of the Tribunal is that the Corporation has not complied with Section 25F(b) in as much as retrenchment compensation has not been paid.

(3.) I have considered the submissions of Mr. Jain, carefully. After the judgments of the Hon'ble Supreme Courts in State Bank of India v. N. Sundara Money : (1976)ILLJ478SC , Santosh Gupta v. State Bank of Patiala : (1980)IILLJ72SC , S.K. Verma v. Industrial Tribunal -cum -Labour Court : (1981)ILLJ386SC , and L. Robert D'Souza v. Executive Engineer A.I.R. 1981 S.C. 854, it is well established that in the matter of termination of services of the industrial workers all types of removal except those which are based on misconduct, are covered by the definition of retrenchment as contemplated by the Industrial Disputes Act and the industrial workers are entitled to the benefits of the provisions in respect of retrenchment.