CWP(T) No. 14582/2008 12.11.2009 Present: Mr. Onkar, Advocate for the petitioner. Mr. R.K. Sharma, Senior Additional Advocate General with Mr. J.K. Verma, Deputy Advocate General for the respondents. The petitioner has assailed his retrenchment. We have gone through the mandays chart filed by the respondents. The petitioner has completed 240 days preceding his retrenchment. In view of this, he was required to be issued notice under Section 25(F) of the Industrial Disputes Act, 1947. In normal circumstances, the petitioner was required to be relegated to the machinery provided under the Industrial Disputes Act, 1947, however, since admittedly the petitioner has completed 240 days preceding his retrenchment, we have entertained this petition in the interest of justice though alternative remedy is available to the petitioner. Admittedly, the petitioner has not been issued any notice under Section 25 of the Industrial Disputes Act, 1947. Consequently, the retrenchment of the petitioner is set aside. The respondents are directed to re-engage the petitioner in the same capacity i.e. Beldar. He will not be entitled lto any back wages. However, to maintain the equity and fair play, the period of break in service shall be treated towards seniority alone. The appointment be offered to the petitioner within a period of two weeks from today. With these observations/directions, the petition is disposed of. No costs. (R.B. Misra), Acting Chief Justice (Rajiv Sharma), Judge November 12, 2009. *awasthi*