1 S.B. CIVIL WRIT PETITION NO.3456/2005. (STATE & ORS. VS. MANJULA & ANR.) DATE OF ORDER : 17.03.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. Shyam Ladrecha, GA, for the petitioners. Ms. Aruna Negi for the respondents. By this petition for writ, a challenge is given to the award dated 16.05.2003, whereby the learned Labour Court while answering the reference made to it by the appropriate government under a notification dated 12.04.2001 held that the retrenchment of the respondent workman was effected without adhering the provisions of Section 25-F of the Industrial Disputes Act, 1947. The Labour Court accordingly ordered for reinstatement of the workman on part time basis with 50% of the back wages. It is contended by learned counsel for the petitioner that the respondent workman was not working in regular capacity and, therefore, there was no need to adhere the provisions of Section 25-F of the Act of 1947. It is further stated that the Labour Court erred while holding that the services of the petitioner were erroneously discontinued as no approval was 2 taken as required under Section 33 of the Act of 1947 on the count that a dispute was already pending before the competent authority under the Act of 1947. Heard learned counsel for the parties. The learned Labour Court by the award impugned in unambiguous term held that the workman was in continuous service of the employer and before effecting retrenchment from service, the employer was required to adhere the provisions of Section 25-F of the Industrial Disputes Act, 1947. Admittedly, no such compliance was made by the employer. In view of it, even if it is assumed that there is no need of approval before retrenching the respondent workman from service, the retrenchment is bad in eye of law being in violation of the provisions of Section 25-F of the Act of 1947. Accordingly, the award impugned does not suffer from any error that may warrant interference of this Court under Article 226 and 227 of the Constitution of India. Accordingly, this petition for writ is dismissed. (GOVIND MATHUR)J. Anil/