# Cases 645, L. Robert D' Souza v. Executive Engineer, Southern Railway

- **Citation:** (2002) 3 ILRA 662
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2002-08-19
- **Case number:** Civil Misc. Writ Petition No. 2022 of 1996
- **Bench:** Anjani Kumar
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/cases-645-l-robert-d-souza-v-executive-engineer-southern-railway-39934
- **Pages:** 2

## Headnote

Act-
Promotion to L.T. Grade and Lecturer
Grade- G.O. declaring CT grade as Dying
Cadre on completion of 10 years service
in CT grade and the teacher becomes
entitled to automatic promotion in LT
grade.

(para 9)

Petr even though qualified for promotion
to
lecturer
grade,
but
not
being
promoted by DIOS, direction issued to
DIOS to give approval for promotion of
the petitioner. A counter affidavit has
also been filed on behalf of DIOS,
Allahabad, in which it has been stated
that
there
is
no
doubt
that
the
Management has power to promote the
petitioner which does not have any
concern with the DIOS. There is no
denial in the counter affidavit that the
post of Lecturer is to be filled only by
way of promotion and the petitioner is
only a qualified teacher to be promoted
in Lecturer grade.

In view of the facts stated above, the
writ petition succeeds and is allowed.
The District Inspector of Schools is
directed to pass appropriate orders on
the papers in respect of the petitioner
sent
to
him
for
approval
of
the
promotion of the petitioner in pursuance
of the resolution on of the committee of
management
dated
15.7.95
recommending the promotion of the
petitioner in Lecturer grade, within a
period of two months from the date of
production of a certified copy of this
order. No order as to costs.

## Text

http://www.allahabadhighcourt.nic.in
662 INDIAN LAW REPORTS ALLAHABAD SERIES [2002
not find any reason to interfere with the
award given by the Labour Court.

8. In the result, the petition fails and
is dismissed. There shall be no orders as
to costs.
----------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 19.8.2002

BEFORE
THE HON'BLE ANJANI KUMAR, J.

Civil Misc. Writ Petition No. 2022 of 1996

State of U.P.

...Petitioner
Versus
The Labour Court, U.P., Allahabad and
another

 ...Respondents

Counsel for the Petitioner:
Sri Prabodh Gaur
S.C.

Counsel for the Respondents:
Sri Pankaj Srivastava
Sri A.C. Srivastava
Sri R.B. Singhal

Industrial Disputes Act, 1947, Section 6
(N)-
Retrenchment
Cessation
of
employment of work man amounts to
retrenchment u/s 6-N of the Act- Petr
end to wages.

Held- Para 4 and 5

That cessation of an employment for
whatsoever
reason
amounts
to
retrenchment and the least that is
required from the employer is to comply
with the provisions of section 6-N of the
Act (See. 1982) 1 Supreme Court Cases
645 L. Robert D' Souza vs. Executive
Engineer,
Southern
Railway
and
another).

The wages to the respondent no. 2
workman amounts to retrenchment.
(Delivered by Hon'ble Anjani Kumar, J.)

1. By means of this petition the State
of U.P. has challenged the Award of the
Labour Court, U.P., Allahabad, dated
27.4.1995 in Adjudication case no. 108 of
1990. The fact is that several adjudication
cases were made by different workmen
before the Labour Court but the facts of
the above Adjudication case are picked up
in the present writ petition.

2. It is an admitted case that the
concerned workman, respondent No. 2,
had worked with the petitioner from 1982
to 1989. Thereafter his services were
terminated. It is also admitted and not
disputed by the petitioner that before
terminating the services of the workman
concerned neither any notice had been
given on him nor the provisions of section
6-N of the Industrial Disputes Act have
been complied with.

3. The case of the petitioner is that
the Barage system, where the workman
was employed, has since been shifted
from Allahabad to Mirzapur, no work
remained at Allahabad. Therefore, all the
workmen, including the respondent No. 2,
were transferred to Mirzapur and asked to
report there. Since they have not reported
at
Mirzapur
their
services
were
terminated. In this view of the matter the
learned
Standing
Counsel
for
the
petitioner has submitted that his is not a
case
covered by the definition of
expression 'retrenchment' in Section 6-N
and, therefore, it was not obligatory on
the part of the employer to comply with
the provisions of section 6-N of the Act.
In fact, the employer has not terminated
their services, as alleged, but these
workman are not reporting for duty at
http://www.allahabadhighcourt.nic.in
3 All] State of U.P. V. The Labour Court, Allahabad and another
663
Mirzapur. Therefore, it is not a case of
retrenchment.

4. So far as the cessation/
abandonment law relating retrenchment is
concerned, it is clear from a series of
decisions of the Apex Court as well as
this
Court
that
cessation
of
an
employment
for
whatsoever
reason
amounts to retrenchment and the least that
is required from the employer is to
comply with the provisions of section 6-N
of the Act (see: (1982) 1 Supreme Court
Cases 645, L. Robert D' Souza Vs.
Executive Engineer, Southern Railway
and another).

5. In view of the law aforesaid laid
down by the Apex Court the action of the
petitioner in not paying the wages to the
respondent No.2- workman amounts to
retrenchment. Thus the Reference has
been rightly answered in favour of the
workman by the Labour Court. The
Award does not require any direction
from
this
Court.
With
the
above
directions, the writ petition is dismissed.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 27.08.2002

BEFORE
THE HON'BLE RAKESH TIWARI, J.

Civil Misc. Writ Petition No. 474 of 1988

Iqbal Ahmad, Assistant Teacher

 ...Petitioner
Versus
District Inspector of Schools, Allahabad
and another

 ...Respondents

Counsel for the Petitioner:
Sri Prakash Gupta
Counsel for the Respondents:
S.C.
U.P.
Intermediate
Education
Act-
Promotion to L.T. Grade and Lecturer
Grade- G.O. declaring CT grade as Dying
Cadre on completion of 10 years service
in CT grade and the teacher becomes
entitled to automatic promotion in LT
grade.

(para 9)

Petr even though qualified for promotion
to
lecturer
grade,
but
not
being
promoted by DIOS, direction issued to
DIOS to give approval for promotion of
the petitioner. A counter affidavit has
also been filed on behalf of DIOS,
Allahabad, in which it has been stated
that
there
is
no
doubt
that
the
Management has power to promote the
petitioner which does not have any
concern with the DIOS. There is no
denial in the counter affidavit that the
post of Lecturer is to be filled only by
way of promotion and the petitioner is
only a qualified teacher to be promoted
in Lecturer grade.

In view of the facts stated above, the
writ petition succeeds and is allowed.
The District Inspector of Schools is
directed to pass appropriate orders on
the papers in respect of the petitioner
sent
to
him
for
approval
of
the
promotion of the petitioner in pursuance
of the resolution on of the committee of
management
dated
15.7.95
recommending the promotion of the
petitioner in Lecturer grade, within a
period of two months from the date of
production of a certified copy of this
order. No order as to costs.

(Delivered by Hon'ble Rakesh Tiwari, J.)

1. Heard the learned counsel for the
petitioner and the learned Standing
Counsel and perused the records.

2. Majidia Islamia Inter College,
Allahabad (herein after called as the
Institution). It is a minority institution and