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1985 Supreme(SC) 284

O.CHHINNAPPA REDDY, V.KHALID
Workmen Of American Express International Banking Corporation – Appellant
Versus
Management Of American Express International Banking Corporation – Respondent


Advocates:
ASHOK GROVER, G.B.PAI, JITENDRA SHARMA, V.N.KOURA

JUDGMENT

CHINNAPPA REDDY, J. :— The Workmen of American Express International Banking Corporation who sponsored the cause of their fellow workman B. Ravichandran in an Industrial Dispute are the appellants in this appeal by special leave of this court. The American Express International Banking Corporation terminated the services of the workman on Oct. 31, 1975. It is common ground that the provisions of S. 25-F of the Industrial Disputes Act were not complied with. According to the management it was not necessary to comply with the provisions of S. 25-F as the workman concerned was not in continuous service for not less than one year as prescribed by S. 25-F read with S. 25-B of the Industrial Disputes Act. The tribunal upheld the contention of the management. The workmen have preferred this appeal.

2. The facts very briefly are that the workman joined the service of the American Express International Banking Corporation on Nov. 4, 1974 as a typist-clerk in a temporary capacity and was employed as such, with a number of short breaks, till Oct. 31, 1975 when his services were terminated. According to the workman excluding the breaks in service, he actually worked under the employee



































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