D.B. CIVIL SPECIAL APPEAL (WRIT) NO.934/2008 Assistant Engineer, District Sub Division East Pubic Works Department, Jaipur Vs. Shri Sedu Ram & Anr. Date of Judgment :: May 23, 2008. HON'BLE THE CHIEF JUSTICE MR.NARAYAN ROY HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. B.L. Awasthi, Addl.Govt.Counsel for the appellant. *** Heard. Delay in filing this appeal is condoned. The learned Single Judge of this Court dismissed the writ application upholding the award passed by the labour court whereby and whereunder retrenchment of the concerned workman was set aside. According to the case of the appellant, the concerned workman since abandoned the work in the month of February 1988, he was removed from the roll of the establishment. The labour court on the contrary found that it was not a case of abandonment of job; rather it was a case of retrenchment. So far as the question of retrenchment is concerned, there is a categorical finding of the labour court that provisions of Section 25-G of the Industrial Disputes Act, 1947 were not complied nor any seniority list was prepared in accordance with Rule 77 of the Industrial Disputes (Central) Rules, 1957. The labour court has also recorded a finding that the concerned workman who was retrenched, was not the last person in the seniority list nor it was the specific case of the appellant. In case of retrenchment like this, the provisions of Rule 77 of the Rules of 1957 and Section 25-G of the Act of 1947 must be complied with. For non- compliance of the provisions aforesaid, the order of retrenchment was set aside. -2- For the reasons aforementioned, therefore, we do not find any fault with the order impugned. This appeal is accordingly dismissed. (MOHAMMAD RAFIQ),J. (NARAYAN ROY),CJ. Skant/-