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1980 Supreme(SC) 245

V.R.KRISHNA IYER, O.CHHINNAPPA REDDY
Workmen Of Sudder Workshop Of Jorehaut Tea Company LTD. – Appellant
Versus
Management Of Jorehaut Tea Company LTD. And Vice Versa – Respondent


Advocates:
K.P.GUPTA, M.N.Phadke, P.R.MRIDUL, S.M.CHAUDHARY

JUDGMENT

KRISHNA IYER, J.:— These two appeals, turning on the validity of the retrenchment of 23 workmen way back in 1966, are amenable to common disposal. Mr. Phadke, appearing for the Management, argued straight to the point, so did Shri Mridul, with the result that we could get the hang of the case without much wrestling with time or getting paper-logged. Since, in substance, we are inclined to leave undisturbed the Award of the Industrial Tribunal, affirmed, as it were, by the High Court, both these appeals will be given short shrift with brief reasons.

2. The facts, to the extent necessary to appreciate the issues canvassed, are brief. The Management of a tea plantation by name Jorehaut Tea Co. Ltd., retrenched 23 workmen, 16 of whom were paid retrenchment compensation allegedly in terms of Section 25F of the Industrial Disputes Act (for short, the Act) and in the order of last come, first go, while the services of the other seven were terminated, although on payment of retrenchment compensation, allegedly in breach of S. 25G of the Act, i. e. out of turn. The dispute that was raised was decided by the Tribunal who upheld the validity of the retrenchment of the 16 but set aside















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