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1983 Supreme(All) 885

K. N. SINGH, V. N. KHARE
Preen Narain – Appellant
Versus
Asst. Personnel officer – Respondent


JUDGMENT

V.N. Khare, J. - By means of this petition, the petitioners who were monthly rated casual labour working in the Transhipment Shed and Parcel office, Central Railway, Jhansi under the Senior Divisional Commercial Superintendent, Jhansi, Challenge the orders terminating their services. Prior to the filing of this petition, the Union sponsored the cause of 160 monthly rates casual labour including the petitioner before the Assistant Labour Commissioner (Central) Agra. Before the Assistant Labour Commissioner, the respondents No.1 and 2 agreed to take back those monthly rated casual labour who had put in continuous service of 800 days and for the rest who have rendered less than 800 days of continuous service and more than one year's service were offered work on daily wages basis besides payment of retrenchment compensation. The petitioners claim that they never authorised their representative to enter into any such compromise.

2. The learned counsel for the petitioners contended that the orders terminating the services of the petitioners are in fact orders of retrenchment and since pre-conditions for valid retrenchment had not been complied with, the orders of termination are

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