A.M.AHMADI, M.M.PUNCHHI, N.P.SINGH
Secretary To Government Of India – Appellant
Versus
Shivram Mahadu Gaikwad – Respondent
( 1 ) THE respondent, Shivram Mahadu Gaikwad, was employed as a Daily Wager (casual employee) in the service of the Post and Telegraph Department of the government of India. His last appointment was of 24/3/1986. He reported for work till 22/9/1986 and thereafter he did not turn up for work altogether. He was, therefore, discharged from service w. e. f. 7/10/1986. He produced a medical certificate on 25/10/1986 purporting to state that he was suffering from schizophrenia. However, nothing further happened thereafter till 1990 when he filed a petition in the central Administrative tribunal. Bombay bench, claiming to be a workman within the meaning of Section 2 (s) of the Industrial Disputes Act, 1947. He also contended that since the Post and Telegraph Department was an industry within the meaning of Section 2 (j) of that Act, the employer was bound to follow the procedure outlined in Section 25-F which was not followed even though he had completed 240 days of service, a fact which is not in dispute. The tribunal came to the conclusion that he could not have been discharged from service without following the requirements of Section 25-F read with Section 25-B of the Industrial Dispu
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