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1997 Supreme(SC) 885

D.P.WADHWA, K.RAMASWAMY
Managing Director, Haryana Seeds Development Corporation – Appellant
Versus
Presiding Officer – Respondent


ORDER

Leave granted.

2. These appeals by special leave arise from the orders of the Punjab & Haryana High Court, made on 23.8.1996 in CWP No. 12867/96 and 12866/96.

3. The admitted position is that the Haryana Seeds Development Corporation Ltd. has been carrying on the business of distribution of the certified varieties of the crop seeds to the farmers during Rabi and Kharif sowing seasons. As a consequence, a number of employees including the salesman like the respondents came to be appointed. It is also on record that due to heavy flood etc., a number of units including the seeds sales counter were closed. As a consequence, the services of the employees have been dispensed with. The respondent have sought a reference under Section 10(i)(c) of the Industrial Disputes Act, 1947 (for short, the "Act"). The Labour Court held that the dispensation of the services of the respondents amounts to retrenchment within the meaning of Section 25-F of the Act. As a result without giving one month s notice or salary in lieu thereof, the retrenchment is bad in law. Accordingly, it passed the award which was affirmed by the High Court. Thus, these appeals by special leave.

4. Section 25-FFF of the Ac







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