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1960 Supreme(SC) 19

P.B.GAJENDRAGADKAR, K.SUBBA RAO, K.C.DAS GUPTA
State Of Bombay – Appellant
Versus
Hospital Mazdoor Sabha – Respondent


Advocates:
C.K.DAFTARY, K.R.CHAUDHARY, K.R.SHARMA, R.H.Dhebar, T.S.VENKATA RAMANA

Judgment

GAJENDRAGADKAR, J. : This is an appeal by the State of Bombay (hereinafter called the appellant) and two others and it arises from a writ petition filed against it by the Hospital Mazdoor Sabha, a trade union registered under the Industrial Trade Unions Act XIV of 1926 and two of its members Mrs. Vatsala Narayan and Mrs. Ruth Isaac (hereinafter called respondents 1 to 3). Respondents 2 and 3 were employed as Ward servants in the J. J. group of Hospitals. The Superintendent of this said group of Hospitals informed the said respondents by notices issued respectively against them that their services would be terminated with effect from the dates mentioned in the said notices and in accordance with the said notices their services were in fact terminated; subsequently in their place two State servants who were discharged from the Civil Supplies Department were appointed. The writ petition filed by the respondents alleged that the retrenchment of respondents 2 and 3 was void as it did not comply with the mandatory provisions of Ss. 25F and 25H of the Industrial Disputes Act, 1947 (14 of 1947) (hereinafter called the Act) and it claimed to reinstate them in their posts. This petit






































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