SURYA PRAKASH Vs. RAJASTHAN CO-OPERATIVE SPINNING

JUDGEMENT

(1.) PETITIONER Surya Praksh was given appointment on daily wages on May 16, 1981 with respondent No. 1, Rajasthan Co -operative Spinning Mills, Ltd., Gulabpura, District Bhilwara.

(2.) ON June 15, 1982 he was put in the Scale No. 3 on the post of Lower Division Clerk on probation. This period of probation was extended for a further period of three months. His services were terminated on March 31, 1983. An Industrial Dispute was raised and the matter was referred to the Labour Court, Udaipur vide Notification dated February 28, 1986. In the Labour Court, the petitioner admitted that he had not passed the Secondary Examination and had wrongly informed the authorities about his passing that examination in second division. The learned Judge Labour Court opined that the services of the petitioner were terminated on account of his misconduct and he was not entitled to any relief under Section 25F of the Industrial Disputes Act (for short 'the Act' here in after). The learned Judge in view of that finding did not interfere with the order of termination of services of the petitioner.

(3.) MR . Mridul, learned Counsel for the petitioner has assailed the impugned Award of the learned Judge Labour Court on two grounds. Firstly, that no inquiry was conducted before terminating the services of the petitioner and as such the principles of natural justice were violated. Secondly, that the termination of services for whatever reason it might be amounted to retrenchment as defined in Section 2(oo) of the Act and therefore the provisions of Section 25 of the Act were attracted in the matter and noncompliance of those provisions make the order of termination of services invalid.