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1991 Supreme(Raj) 890

M.R.CALLA
Ramjankibai – Appellant
Versus
The State of Rajasthan – Respondent


JUDGMENT

1. - Through this writ petition the petitioner seeks to challenge the order dated 31.12.1988 whereby she had been retrenched.

2. The facts are not in dispute that the petitioner has been appointed on a daily wages basis for Rs. 14/- per day in the office of Irrigation Department and by the impugned order dated 3LI. 1988, her services were terminate after making a payment of Rs. 364/- for the period of 1.1.1989 to 31.1.1989 and a sum of Rs. 182/- as wages for 15 days and Rs. 280/- as wages for 20 days of the Dec, 1988. Thus, according to the respondents, they had fully complied with the requirement envisaged Under Section 25F of the Industrial Disputes Act, 1947.

3. However, Mr. Keshote has raised a very interesting question and his submission is that the wages which have been paid to her i.e. a sum of Rs. 364/- is not as wages for the period from 1.1.1989 to 31.1.1989 but it comes out to be wages for 26 days only i.e. 26 X 14 = 364. Similarly a sum of Rs. 182/- which has been paid as 15 days wages in lieu of the compensation for a completed year of service is not an amount of wages for 15 days but it is for 13 days only i.e. 13 X 14 = 182, Shri Keshote has, therefore, raised









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