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1997 Supreme(SC) 566

D.P.WADHWA, K.RAMASWAMY
Himanshu Kumar Vidyarthi – Appellant
Versus
State Of Bihar – Respondent


ORDER

Delay condoned.

2. This special leave petition arises from the judgment of the Division Bench of the Patna High Court, made on 1.7.1996 in LPA No. 1213/95 confirming the order of the learned single Judge in CWJC No. 2311/95.

3. The admitted position is that the petitioner No. 1 came to be appointed as Assistant, Petitioner No. 2 as Driver and Petitioner Nos. 3 to 5 as Peons on different dates, viz., on August 1, 1988, November 10, 1989, May 31, 1987 and April 22, 1992. They were appointed in the Co-operative Training Institute, Deoghar by its Principal. They are admittedly daily wage employees. Their services came to be terminated by the Principal. Calling that termination in question, they filed a writ petition in the High Court. The main grievance of the petitioners before us is that termination of their services is in violation of Section 25F of the Industrial Disputes Act, 1947. The question for consideration, therefore, is: whether the petitioners can be said to have been retrenched within the meaning of Section 25-F of the Industrial Disputes Act? Every Department of the Government cannot be treated to be "industry". When the appointments are regulat



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