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RETRENCHMENT:-Termination of a workman-daily wager who has worked for more than 240 days continuously, without compliance of Section 25-F of the Industrial Disputes Act, 1947, is illegal attracting reinstatement and back- wages. - The Industrial Disputes Act, 1947

Terms and conditions mentioned in the appointment letter, issued at a later stage, while no appointment letter was issued at the initial stage, are not applicable upon the workman concerned. Issuance of appointment letter at a later stage before effecting termination of services suggests mala fides on the part of management which amounts to unfair labour practice. Under Article 226 of the Constitution of India, the Writ court is having very limited jurisdiction to reappreciate finding of fact returned by Industrial Tribunal since it cannot act as an appellate court. Writ Court may interfere in the finding of fact if the same is based on no evidence since that would be recorded as error of law which can be corrected by a writ of certiorari. Writ Court may interfere in the finding of fact if the Tribunal has erroneously refused to admit admissible evidence or erroneously admitted inadmissible evidence.

-H. P. State Civil Supplies Corporation Ltd. vs. Presiding Judge and Anr. (H.P. H.C.)


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