Madhya Pradesh High Court
The State Of Madhya Pradesh vs Mohd. Fareed Khan on 21 June, 2010
W.P.No.6952/2010
State of M.P. Mohd.Fareed Khan & another
21.6.2010
Shri Sudesh Verma, G.A., for petitioner.
This petition is directed against an order dated 29.4.2009
passed by Labour Court, Sagar in case No.31/06 I.D.Act.Ref, by
which Labour Court allowed the reference and directed that
respondent no.1 was retrenched by the petitioner without following
section 25-F of the Industrial Disputes Act.
The tribunal further found that before retrenchment, neither show cause notice, opportunity of hearing nor any departmental proceedings were initiated against the respondent no.1. The tribunal after considering the entire material on record found that respondent no.1 was entitled to be reinstated without back wages.
Though the learned counsel for petitioner tried to assail the aforesaid finding on the ground that respondent no.1 has not worked with the petitioner for a continuous period, as found by the Tribunal in para 10 & 11 of the order, but was unable to show any material in this regard. The Tribunal after considering the documentary and oral evidence recorded a finding that the respondent no.1 has worked under the petitioner from 30.12.1995 till 1.9.2001 and thereafter he was retrenched without following section 25-F of the Industrial Disputes Act.
Considering aforesaid, if the tribunal has set aside the retrenchment order and directed reinstatement of respondent no.1 without back wages, no fault is found.
This petition is found without merit and is dismissed, with no order as to costs.
(Krishn Kumar Lahoti) (J.K.Maheshwari)
JUDGE JUDGE
M.