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1997 Supreme(SC) 1285

G.B.PATTANAIK, S.C.AGRAWAL
Union Of India – Appellant
Versus
Kamlesh Kumar Bharti – Respondent


ORDER

1. Delay condoned.

2. Special leave granted.

3. The respondent was appointed temporarily as Extra-Departmental Delivery Agent in Ghazipur on 1-1-1993. He was relieved of the said post on 19-2-1994. He filed a petition (OA No. 404 of 1994) before the Central Administrative Tribunal, Allahabad (hereinafter referred to as "the Tribunal") which has been allowed by the Tribunal by the impugned judgment dated 3-10-1995. The Tribunal has held that the respondent had worked for more than 240 days and he was entitled to the protection of Section 25 of the Industrial Disputes Act, 1947 and since the said provisions were not complied with, the termination of the services of the respondent was illegal.

4. The learned Additional Solicitor General has invited our attention to the judgment of this Court in Sub-Divisional Inspector of Post v. Theyyam Joseph ((1996) 8 SCC 489 : 1996 SCC (L&S) 1012) wherein this Court has laid down that post office is not "industry" under Section 2(j) of the Industrial Disputes Act, 1947. In view of the said decision of this Court the provisions of Section 25-F of the Industrial Disputes Act could not be invoked to set aside the termination of the services of


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