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2001 Supreme(SC) 292

S.RAJENDRA BABU, S.N.PHUKAN
Sain Steel Products – Appellant
Versus
Naipal Singh – Respondent


Judgment

PHUKAN, J.

( 1 ) IN this appeal the aggrieved employer is the appellant. His case is that respondent No. 2 (hereinafter referred to as the respondent) who was employed pursuant to an appointment order dated 10-9-1974 for a period of 11 months to be on probation and to be continued only on satisfactory completion of the probation but by an order made on 8-9-1975 his services were terminated. On the ground that he had been illegally retrenched from service, a dispute was raised under the Industrial Disputes Act (for short the Act) and the matter was referred to the Labour Court. The Labour Court held that the termination of the services of the respondents did not comply with the provisions of Section 25-F of the Act and therefore illegal and directed his reinstatement with wages at Rs. 137. 00 per month which was the last drawn wage or the minimum wages permissible under the Minimum Wages Act whichever is higher till the date of his reinstatement. This order was challenged in a writ petition before the High Court. The High Court dismissed the same. Hence this appeal by special leave.

( 2 ) IN this Court the learned counsel for the appellant raised several contentions of which


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