JUDGMENT

GOSWAMI, J.:— This a fight between a Goliath and a dwarf in an Industrial arena The workman, who is the respondent before us, was "automatically struck off the rolls" by the management (appellant) on August 24, 1965. The management has been persistently fighting him for the last twelve years having lost before the Labour Court, the single Judge of the Delhi High Court and lastly before the Division Bench of the High Court until the matter has landed in this Court on certificate.

2. The facts may briefly be stated:

The workman was recruited as a labourer in the Store in 1951. After about six months he was promoted as a Fitter-Helper and after about one and a half years he was promoted to the post of Motion-Setter till 1964. On October 1, 1964, there was some reorganisation in the managements establishment and the post of Motion-Setter was abolished. Ordinarily, therefore, the workman would have been retrenched, but, in terms of a settlement between the management and the representatives of the workmen, no employee was retrenched. On the other hand the management agreed to offer work "on any other suitable post". It is in that way that the management offered to the workman the