163 of 1981 on the file of the High Court of Andhra Pradesh and the management, the petitioner herein, filed Writ Petition No.
163 of 1981 filed by Respondents 5 to 9 and allowed Writ Petition No.
It, however, dismissed the appeals filed against Respondents 1 to 4 holding that the orders of re trenchment were bad in law since employees junior to these respondents had been retained in service.
6151 of 1980 filed by the management against Respondents 1 to 4.
The Division Bench accepted the above companytention of Respondents 1 to 9 and allowed both the appeals holding that the orders of termination were unsustainable.
under section 40 of the State Act on account of the termination of their services may be deducted from the back wages payable to them.
The learned Single Judge who heard the said two writ petitions dismissed Writ Petition No.
6151 of 1980 before the High Court against Respondents 1 to 4.
Aggrieved by the decision of the learned Single Judge Respondents 1 to 4 and Respond ents 5 to 9 filed Writ Appeal Nos.
J. Rao and Y. Prabhakara Rao for the Respondents.
From the Judgment and Order dated 5.2.
R. Ramachandra Rao, Dr. D.Y. Chandrachud, P.H. Parekh and M.K.S. Menon for the Petitioner.
It, however, directed that any amount paid to Respondents 1 to 4 as numberice pay and gratuity etc.
892 Of 1983 and 893 of 1983 respectively before the Division Bench of the High Court.
CIVIL APPELLATE JURISDICTION Special Leave Petition Civil Nos.
6887 88 of 1987.
For purposes of companyven ience section 40 of the State Act is set out below Conditions for terminating the services of an employee and payment of gratuity 1 No employer shall without a reasonable cause and except for misconduct terminate the serv ice of an employee who has been in his employ ment companytinuously for a period of number less than six months without giving such employee, at least one months numberice in writing or wages in lieu thereof and in respect of an employee who has been in his employment company tinuously for a period of number less than five years, a gratuity amounting to fifteen days average wages for each year of companytinuous employment.
1987 of the Andhra Pradesh High Court in Writ Appeal Nos.
Aggrieved by the decision of the appellate authority the management, the petitioner herein, filed nine appeals before the Labour Court, Guntur under section 41 3 of the State Act.
Aggrieved by the decision of the Division Bench of the High Court the petitioner has filed these Special Leave Petitions under Article 136 of the Constitution.
892 and 893 of 1983.
The appellate authority set aside the orders of retrenchment by nine separate judgments delivered on August 1, 1979 and directed the reinstatement of the re spondents with full back wages.
Aggrieved by the decision of the Labour Court Respondents 5 to 9 filed Writ Petition No.
Respondents 1 to 4 Were retrenched on 1.10.1978 and Respond ents 5 to 9 were retrenched on 22.9.
The petitioner in this case is a companyoperative society carry ing on business at Vijayawada in the State of Andhra Pradesh.
The Order of the Court was delivered by VENKATARAMIAH, J. The question arising for decision in this case is whether an employer whose establishment is governed by the Andhra Pradesh Shops Establishments Act, 1966 hereinafter referred to as the State Act is re quired, while retrenching any worker, to companyply with the provisions of section 25F of the Industrial Disputes Act, 1947 hereinafter referred to as the central act or with section 40 of the State Act.
The Labour Court allowed the appeals filed against Respondents 5 to 9 and set aside the orders which had been passed by the first appel late authority.
All the respondents chal lenged the orders terminating their services in an appeal filed under section 41 1 of the State Act before the appel late authority.
1978 on the ground that the business of the management did number warrant the companytinu ance of its heavy establishment.
