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
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.
Basant Kumar v. Saikar AIR 1964 SC 1260
Bhanwar Lal v. State of Rajasthan 1972 WLN 530
Bombay Union of Journalists v. The State of Bombay (1964) 6 SCR 22: (AIR 1964 SC 1617)
L. Hirday Narain v. Income-tax Officer AIR 1971 SC 33
Management of Delhi Transport Undertaking v. Industrial Tribunal
National Iron and Steel Co. Ltd. v. Third Industrial Tribunal
Premier Automobiles Ltd. v. Kamlakar Shantaram AIR 1975 SC 2238
Rohtas Industries Ltd. v. Rohtas Industries Staff Union AIR 1976 SC 425: (1976 Lab IC 303
State of Bombay v. R. P. Krishnan (1961) 1 SCR 227 = (AIR 1960 SC 1223)
Straw Board Mfg. Co. Ltd. Saharanpur v. Govind AIR 1962 SC 1500
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