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1980 Supreme(Raj) 347

RAJASTHAN HIGH COURT
Dwarka Prasad, J.
Moinuddin and others - Appellant
Versus
Union of India and others - Respondent
Civil Writ Petns. Nos. 767 and 757 to 766 of 1975,
Decided On : 23-09-1980

The pasting of a notice on the notice board, along with the oral intimation given by the employer to the workman at the time of handing over the notices of termination, is sufficient in law to amount to an offer and that the same should be deemed to be sufficient compliance of the provisions of Section 25F of the Industrial Disputes Act, 1947.

Headnote:

INDUSTRIAL DISPUTES ACT, 1947 - SECTION 25F - TERMINATION OF SERVICE - RETRENCHMENT COMPENSATION - PAYMENT - SUFFICIENCY OF NOTICE - OFFER OR TENDER - ACTUAL PAYMENT - WORKMAN'S REFUSAL TO ACCEPT PAYMENT - COMPLIANCE WITH SECTION 25F.

Fact of the Case:

The petitioners, Class IV employees in the Loco Shed at Ranapratapnagar railway station of the Western Railway, were issued notices of termination of service due to reduction in cadre. The Loco Foreman informed them that they could collect their wages and retrenchment compensation from the office before the expiry of the notice period. A notice was also displayed on the notice board stating the amount of compensation payable to each employee and that it would be paid on the date of termination of service through Emergent Pay Sheets. The petitioners did not turn up to receive the compensation or wages, claiming that the provisions of Section 25F of the Industrial Disputes Act, 1947 (the Act) were not complied with.

Finding of the Court:

The court held that the pasting of the notice on the notice board, along with the oral intimation given by the Loco Foreman to the petitioners at the time of handing over the notices of termination, was sufficient in law to amount to an offer and that the same should be deemed to be sufficient compliance of the provisions of Section 25F of the Act. The court further held that the petitioners' refusal to accept the payment offered to them amounted to a deemed compliance with the provisions of Section 25F.

Issues: 1. Whether the pasting of a notice on the notice board directing the workman to collect his wages from the office of the employer would amount to sufficient compliance with the provisions of Section 25F (b) of the Industrial Disputes Act, 1947? 2. Whether the offer or tender of retrenchment compensation to the workman is sufficient compliance with the provisions of Section 25F (b) of the Act, even if the workman refuses to accept the payment?

Ratio Decidendi: 1. The court held that the pasting of the notice on the notice board, along with the oral intimation given by the Loco Foreman to the petitioners at the time of handing over the notices of termination, was sufficient in law to amount to an offer and that the same should be deemed to be sufficient compliance of the provisions of Section 25F of the Act. 2. The court further held that the petitioners' refusal to accept the payment offered to them amounted to a deemed compliance with the provisions of Section 25F.

Final Decision: The court dismissed the writ petitions, holding that the petitioners were offered the amount of retrenchment compensation and that the provisions of Section 25F were substantially complied with.

JUDGMENT

1. The main question which is required to be determined in these writ petitions is as to whether the pasting of a notice on the notice board directing the workman, whose service has been terminated, to collect his wages from the office of the employer would amount to sufficient compliance with the provisions. of Section 25F (b) of the industrial Disputes Act, 1947 (hereinafter called the Act As the same question has been raised in all these writ petitions, it would be proper to dispose them of by a common order.

2. The farts which have given rise to these writ petitions are short and simple. The petitioners were posted as Class IV -employees in the Loco Shed at Ranapratapnagar railway station of the Western Railway as substitute workmen. The Loco Foreman, Western Railway, Ranapratapnagar railway station, issued notices to the petitioners in March and April, 1975, intimating them that their services shall stand terminated on the expiry of a notice period of one month. The reason for the termination of the service of the petitioners as substitutes was given by the Loco Foreman .as 'reduction in cadre'. The contention of the learned counsel for the petitioners is that retrenchment compensation, within the meaning of Section 25F (b) of the Act. -.vas neither paid nor even offered to be paid to the petitioners at the time of their retrenchment and on this ground it was urged that the termination of the services of the petitioners was illegal and void, being in derogation of the provisions of Section 25F of the Act. The case of the respondents in this respect is that at the time when the notices relating to termination of services were given to the petitioners, the Loco foreman had asked each one of the petitioners to collect the amount of retrenchment compensation from the office before the expiry of the notice period. But as the petitioners did not turn up to receive the retrenchment compensation, a notice was pasted on the notice board on April 18, 1975, stating the amount, which was payable to each one of the employees by way of compensation under the Act, shall be paid on the date of termination of service, through Emergent Pay Sheets. In that notice the amount payable to each' one of the petitioners by way of retrenchment compensation was separately mentioned against the name of that person. According to the respondents. the petitioners deliberately reported sick and did not turn up for receiving the amount of retrenchment the compensation or even the wages which had become due, in spite of the fact that the said amount was available for payment to them. Thus the case of the respondents is that the pasting of the notice Annexure R/5 on the notice board along with the oral intimation said to have been given by the Loco Foreman to the petitioners, at the time of handing over to them the notices of termination, was sufficient in law to amount to an offer and that the same should be deemed to be sufficient compliance of the provisions of Section 25-F (b) of the Act.

3. Learned counsel for the respondents also raised a preliminary objection that the writ petitions were not maintainable as the only grievance advanced by the petitioners related to the alleged violation of a right, which was the creation of the provisions of the Industrial Disputes Act, and the ordinary remedy provided in the Act for redress of such a grievance should have been availed of by the petitioners instead of approaching this Court by way of writ petitions. There is no doubt that the claim of the petitioners is based on the alleged violation of the provisions of Section 25-1" (b) of the Act and it has been argued on their behalf that the termination of the services of the petitioners should be set aside for the noncompliance of the provisions of Section 25F of the Act. It is also true that the Act provides remedies for redressing the non-compliance or violation of the provisions of the Act. It is no doubt un-disputable that there is no right available
































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