The provisions of Chapter VA of the ID Act have overriding effect notwithstanding anything inconsistent therewith contained in any other law, including the ZP Rules.

JUDGMENT - V.A. MOHTA, J.:---A point of some importance is raised in this petition. It is whether the Maharashtra Zilla Parishads (Contract Service) Rules, 1965 ("the Z.P. Rules" for short) override section 25-F of the Industrial Disputes Act, 1947 ("the ID Act" for short)?

2. As the award is challenged also on other grounds, it will be appropriate to notice first the salient facts. Respondent Khushal Lanjewar was employed in the work-charged establishment of the petitioner Zilla Parishad, Bhandara, as a muster-clerk from 4th February, 1965 to 13th July, 1966; 15th January, 1968 to 13th June, 1968; 12th November, 1971 to 31st July, 1972; 31st December, 1972 to 31st June, 1973 and lastly from 15th March, 1974 to 5th July, 1976. By notice dated 5th July, 1976, his services were terminated on the ground that work was over. Admittedly, neither retrenchment compensation as provided under section 25-F of the ID Act was paid nor the other procedure contemplated therein was followed. According to the respondent this termination is mala fide and so also illegal. At his instance this dispute was referred for adjudication by the Government to the Labour Court, Nagpur, before which, the respondent examined himself and produced certain documents. The petitioner chose not to adduce any evidence. The Labour Court came to the following conclusions :---

1. The respondent was in continuous service for more than one year.

2. Juniors to the respondent were retained.

3. Termination violated section 25-F of the ID Act.

4. The defence that the scarcity works ended as contended necessitating termination was not proved.

5. The seniority list of the muster clerks required to be maintained under the departmental circular was not maintained.

6. Departmental instructions in respect of absorption of such temporary servants were not followed and certain persons were retained contrary to those instructions.

Consequentially the Labour Court gave an award declaring the termination illegal, setting it aside and directing reinstatement with full back wages.

3. Before proceeding with the merits of the matter we would like to dispose of an application for amendment filed by the petitioner containing several factual statements, a copy of which was given to the respondent's Counsel during the course of hearing of this matter. This long delay of four years and taking the respondent by surprise at the eleventh hour coupled with the circumstance that its grant is bound to result in a remand and another round of litigation the burden of which may be unbearable to the respondent, are our reasons for its rejection.

4. As far as findings of fact are concerned we see no justification to interfere. The petitioner has chosen not to adduce any evidence despite the fact that the matters were very much within its special knowledge. Version of the respondent has been believed and there is no perversity about it.

5. Now, the point of law raised for the first time before us orally but with our permission which we granted despite protest from Shri Thakur the learned Counsel for the respondent. That the activities of the petitioner fall within the definition of the term "industry" as defined in section 2(j) of the ID Act, that the respondent falls within the definition of the term "workman" as defined in section 2(s), that termination amounts to "retrenchment" as defined in section 2(oo) and that this termination is in contravention of section 25(f) are all undisputed positions before us. In this back ground simple and complete answer to the point is contained in the provisions of section 25-J which gives to the entire Chapter VA of the Act, effect overriding all laws inconsistent to provisions of that Chapter. Here are those provisions for immediate reference :---

"25-J. (1) The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in any other law (including standing orders made under the Industrial Employment (Standing Orde

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