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1978 Supreme(All) 239

T.S.MISRA, K.N.GOYAL
Union Of India – Appellant
Versus
Kali Charan – Respondent


JUDGMENT

T.S. MISRA, J.

1. THIS appeal is directed against a decision of a learned single Judge allowing the petition and quashing the notice of retrenchment of the petitioner contained in annexure 11 to the writ petition.

2. THE case of the petitioner was that he was appointed as a casual labourer in the Locomotive Workshop, Northern Railway, Charbagh, Lucknow on 1st July, 1964 which is an industrial establishment. It was not disputed that the provisions of the Industrial Disputes Act, 1947 also governed his employment. He had been working in the said workshop without any break and had completed more than three years of service. However, on 12-5-1969 the petitioner- respondent was served with a notice of retrenchment, Annexure 11 to the writ petition. THE validity of that notice was challenged, inter alias, on the ground that no retrenchment compensation had been paid to the petitioner respondent in terms of the provisions of Section 25-F of the Industrial Disputes Act. Several other grounds were also taken in the writ petition challenging the said notice but they were not pressed before the learned single Judge. It was not in dispute that no retrenchment compensation had been paid


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