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Bangalore Water-Supply & Sewerage ... vs R. Rajappa & Others on 21 February, 1978

24. A second question has been raised in the writ petition namely that the retrenchment notices impugned in the petition are not made in accordance with the provisions of Sections 25-G and 25-N of the Industrial Disputes Act, 1947. It is averred that the principle of "last come first go" as enunciated in Section 25-G of the Act has not been complied with and from that point of view the impugned orders cannot be sustained in law. It has further been stated in the petition that the provisions of Section 25-N which are the conditions precedent to retrenchment of workmen have not been complied with. There seems to be substantial force behind the contentions raised by the petitioners. The respondents in their feeble attempt to counter this, have stated that as the FCI is not a "factory", the said provisions do not apply to it. This seems to be the strangest submission made by the respondents at bay. Neither Section 25-G nor Section 25-N is confined to factories but these apply to all industrial establishments of certain magnitude 2 and now under the extended definition of industry it cannot be argued by any stretch of imagination that the godowns concerned are not industries or that no industrial activities are carried on there. I refrain with some effort from referring to the celebrated case of Bangalore Water Supply and Sewerage Board v. A. Rajappa, reported in 1978-I-LLJ-349 which has now become a legend in the legal firmament of this country.
Supreme Court of India Cites 44 - Cited by 985 - M H Beg - Full Document
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