Govt. of N.C.T. of Delhi vs Hospital Employees Union, Delhi

The main point to be considered in this case is whether Section 25-H of the Industrial Disputes Act., 1947 would he applicable or not to the workmen who are not covered by Section 25-F of this Act. The point in issue is indicated in the order dated May 24,1994 wherein the contention noticed is that where the workman has not served for a year, he is not entitled to retrenchment notice and workmen/respondents not having served for one year, they were not entitled to notice of retrenchment on the true import of Section 25. There cannot be any doubt that when workman had not served for a year he would not be entitled to retrenchment notice u/s 25-F of the Act. The question here, however, is different. It is whether a workman not covered by Section 25-F is entitled to or not to the benefit of reemployment u/s 25-H of the Act. This point now stands concluded by a decision of Supreme Court in the case of Central of India v. S. Satyam and Others (1996-II-LLJ-820) holding that Section 25-H is couched in wide language and is capable of application to all retrenched workmen not merely those covered by Section 25-F. Thus workmen/respondents herein cannot he denied benefit of Section 25-H on the ground that they are not covered by Section 25-F. In view of this decision of the Supreme Court, the petition is dismissed.