SINCHAI KAMGAR UNION Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner union is a registered union. The services of the workers of the union, named out in the Schedule at page 6 -A, who were working at Som Kamla Amba Project, Sub -Division -I, Dungarpur, were terminated vide order dated 12.6.84. Dissatisfied with the order Annexure. 1, Annexure. 3, Annexure. 4 and Annexure. 5, the petitioner has preferred this writ petition challenging the termination of the services of its members mentioned in the Schedule at Pate 6 -A. The order terminating the services of the members of the petitioner association has been challenged on the ground that the members of the petitioner association have served for more that 240 days and, therefore, their services could have been terminated only as per the provisions of Section 25FF of the Industrial Disputes Act, 1947. As the mandatory provisions of Section 25FF of the Act, 1947, were not complied with, while terminating the services of the member of the petitioner association, therefore, the orders Annexure. 1, Annexure. 3, Annexure. 4, and Annexure. 5 deserve to be quashed and respondents, on the other hand, has supported the orders passed by the respondents on the ground that only three persons, viz., Madho Singh, Shashi Kumar and Devaji have served with the respondents for more than 240 days and while terminating their services the compliance of the provisions of Section 25FF of the Act, 1947, was made and they were given one month's notice and offered the salary of one month in lieu of the notice. So far as the remaining workers are concerned, they have not completed the period of 240 day's service and were only casual workers and, therefore, the compliance of Section 25 -FF of the Industrial Disputes Act, 1947, was not necessary. In support of its contention, the learned Counsel for the respondents has placed on record Annexure. R. 4 showing the actual period for which the members of the petitioner association worked, whose services have been terminated. In rejoinder, the service record of the members of the petitioner association was again placed on record showing the days for which the members of the petitioner association worked under the respondents.

(2.) THOUGH conflicting stand has been taken by the learned Counsel for the parties regarding the period for which the member of the petitioner association worded which is a disputed question of facts and normally the cannot be decided in the writ jurisdiction, but since some of the member of the petitioner association have completed 240 day's continuous service and after filing to writ petition, the members of the petitioner association are still continuing in service for last more than nine years, therefore, it will not be proper at this stage to allow the members of the petitioner association to lose their job and, therefore, in the interest of justice I think it proper to direct the respondents to allow the members of the petitioner association to continue in service.