The termination satisfied the definition of 'retrenchment' under S.2(oo) of the Industrial Disputes Act and violated the provisions of S.25F.

Gopalan Nambiyar, C. J.

1. The learned Judge, against whose judgment this Writ Appeal is preferred, quashed Ext. P3 order terminating the services of the writ petitioner (respondent in this Writ Appeal) who was a casual labourer in the service of the Southern Railway. The termination was sought to be justified with respect to R.149 of the Indian Railway Establishment Code, Vol. 1 which is as follows:-

"149. Termination of service and periods of notice.--(1) Temporary railway servants -- When a person without a lien on a permanent post under Government is appointed to hold a temporary post or to officiate in a permanent post, he is entitled to no notice of the termination of his service if such termination is due to the expiry of the sanction to the post which he holds or the expiry of the officiating vacancy, or to his compulsory retirement due to mental or physical incapacity or to his removal or dismissal as a disciplinary measure after compliance with the provisions of clause (2) of Art.311 of the Constitution of India. If the termination of his service is due to some other cause, he shall be entitled to one month's notice provided he was engaged on a contract for a definite period and the contract does not provide for any other period of notice, and to a notice of 14 days if he was not engaged on a contract. The periods of notice specified above shall apply on either side, and steps should be taken to bring this condition to the notice of the railway servants concerned.

Note.-- No notice of termination will be necessary in a case where a railway servant is deemed to have resigned his appointment and ceased to be in railway employ in the circumstances detailed in 'Note 2, below Exception (it) to R.732(1).

(2) Apprentices -- Except as otherwise provided in his service agreement, the service of an apprentice shall be liable to termination on one week's notice,

(3) Certain other railway servants.-- The services of certain other railway servants specified below shall be liable to termination on notice on either side for the periods shown against each. Such notice is not, however, required in cases of dismissal 01 removal as a disciplinary measure after compliance with the provisions of clause (2) of Art.311 of the Constitution and compulsory retirement due to mental or physical incapacity --

(a) Probationary Officers and Gazetted railway servants on probation other than those in the Medical Department. -- 3 months notice,

(b) Gazetted railway servants on probation in the Medical Department. -- 1 month's notice.

(c) Non gazetted railway servants on probation -- 1 month's notice.

(4) In lieu of the notice prescribed in this rule it shall be permissible on the part of the Railway Administration to terminate the service of a railway servant by paying him the pay for the period of notice.

Note.-- The appointing authorities are empowered to reduce or waive, at their discretion, the stipulated period of notice to be given by an employee, but the reason justifying their action should be recorded,

This power cannot be redelegated.

(5) The notice of termination of service under this rule should be given by an authority not lower than the appointing authority.

This amendment takes effect from 1st April 1959.

(6) Notwithstanding anything contained in clauses (1), (2) and (4) of this rule, if the Railway Servant or Apprentice is one to whom the provisions of the Industrial Disputes Act, 1947, apply he shall be entitled to notice or wage in lieu thereof in accordance with the provisions of that Act."

The learned Judge was of the view that the above rule was applicable when a person without a lien on a permanent post under Government was appointed to hold a temporary post or to officiate in a permanent post. It was observed that the respondent would not come within the categories specified in the rule, and that Ext. P3 order itself had stated that his services were being dispensed with and no formal order of appointment was being issued as the veri