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1956 DIGILAW 301 (MAD)

Meenambigai Motor Service, Virudhunagar v. State of Madras and others

1956-08-31

RAJAGOPALAN

body1956
Judgement ORDER :- The Tribunal had jurisdiction. The applications preferred by respondents 1 to 4 on 27th April 1954 were during the pendency of an industrial dispute of which the Industrial Tribunal had taken cognisance within the meaning of Sec. 83 of the Industrial Disputes Act read with Ss. 20 and 17-A of that Act. 2. What the Industrial Tribunal awarded was inenforcement of the statutory right vested in the retrenched workmen, respondents 2, 3 and 5, by Sec. 25-F of the Industrial Disputes Act. There was no error in the exercise of the jurisdiction. The termination of the services of these respondents on 3rd April 1954 was retrenchment within the meaning of Sec. 25-F. That the petitioner acted in good faith throughout and saw to it that these three workmen, respondents 2, 3 and 5 were given suitable employment by the Kodaikana Motor Union to which the petitioner had sold the buses, did not divest these workmen of the statutory rights vested in them by Sec. 25-F. Nor could the good faith on the part of the petitioner divest him of his liability to pay compensation. 3. The rule is discharged and the petition isdismissed. There will be no order as to costs. Rule discharged.