JUDGMENT :

PUSHPA V. GANEDIWALA, J.

This Letters Patent Appeal is directed against the judgment and order dated 14.12.2009 passed by the learned Single Judge of this Court in Writ Petition No.5982 of 2005.

2. A short question, which arises for consideration of this Court, reads thus:

“Whether the retrenchment of a workman without complying with the conditions in terms of Section 25-F (a) and (b) of The Industrial Disputes Act, 1947, would automatically result in the reinstatement of the workman? ”

3. The facts necessary to decide the present Appeal, are as under:

The appellant was appointed as a `Senior Caretaker' on daily wage basis by respondent No. 2 with effect from 02.05.1998 at Government Beggar’s Home. His services were terminated by respondent No. 2 on 06.11.1999.

4. Being aggrieved by the said termination, the appellant filed U.L.P.A. bearing Complaint No. 740/1999 before the Labour Court, Nagpur. In the complaint, he has stated about rejection of his request for appointment on compassionate ground in place of his father, who had retired as a Class-IV employee with the respondents' department. However, he was given temporary appointment as a Senior Caretaker with effect from 02