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"Whether the action of the management of SBBJ, Jaipur is justified in terminating the services of Wrokman Shri Om Prakash Sharma S/o Shri Sita Ram Sharma w.e.f. 19/11/94 and employing another junior workman Shri Vijay Kumar in his place without giving any opportunity of employment in violation of section 25H of ID Act, 1947? If not, what relief the workman is entitled?"

Before the Labour Court, a contention was raised as to whether the provisions Section 25H of the Industrial Disputes Act, 1947 ('the Act', for short) and Rule 77 of the Industrial disputes (Central) Rules, 1957 (ID Rules) have been violated, as one Vijay Kumar was said to be junior to him and was said to have been appointed in his place. A finding of fact was arrived at that the respondent failed to prove that after his termination of services Vijay Kumar was employed in his place in violation of Section 25H of the Act or otherwise. A finding, however, was arrived at that, no seniority record was maintained, as is required under the Rules. The appellant was, thus, found to have violated Rule 77 of the ID Rules. A further finding was arrived at that Rule 77 being mandatory in nature, the respondent was entitled to be reinstated in service with 50% of back wages.

Aggrieved by and dissatisfied with the said Award, a writ petition was filed by the appellant herein before the Rajasthan High Court which was numbered as S.B. Civil Writ Petition No.1474 of 2000.

A learned Single Judge of the High Court in dismissing the said writ petition opined that if the reference in question referred only to Section 25H of the Act, the same would not mean that the tribunal was debarred from going into the other illegalities committed under the Act or the amended Rules.

Accordingly, the appeal fails and is hereby dismissed."

The Industrial Court, it is well settled, derives its jurisdiction from the reference. {See Mukand Ltd. vs. Mukand Staff & Officers' Association, [(2004) 10 SCC 460].} The reference made to the CGIT specifically refers to only one question, i.e., "Whether any illegality was committed by the management in giving appointment to one Vijay Kumar in place of the respondent in violation of Section 25H of ID Act, 1947?" Non-maintenance of any register in terms of Rule 77 of the ID Rules was, thus, not in issue. Before the Industrial Court, the parties adduced evidence. An attempt was made by the respondent herein to show that one Vijay Singh was appointed, although the name of one Vijay Kumar appeared in the reference. An attempt was also made by the respondent to show that Vijay Kumar and Vijay Singh are one and the same person. In fact, one voucher was produced which was allegedly issued in the name of one Vijay Sharma. The said contentions of the respondent were denied and disputed by the appellant herein.

In that context, the Industrial Court held that the appellant was not guilty of violation of provisions of Section 25H of the Act. Section 25H reads thus:

"25H. Where any workmen are retrenched, and the employer proposes to take into his employment any persons, he shall, in such manner as may be prescribed, give an opportunity [to the retrenched workmen who are citizens of India to offer themselves for re-employment, and such retrenched workmen] who offer themselves for re-

employment shall have preference over other persons."