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TMI Blog1997 (3) TMI 635X X X X Extracts X X X X X X X X Extracts X X X X ..... ition) on the same terms and conditions either in the Government Department or in the Government Corporations within three months. In passing this order, the learned single Judge based his decision on this Court's order in G. Govinda Rajulu v. Andhra Pradesh State Construction Corporation Limited, 1986 (Supp) SCC 651, in which this Court made a brief order in these terms: 1. We have carefully considered the matter and after hearing learned Counsel for the parties, we directed that the employees of the Andhra Pradesh State Construction Corporation Limited whose services were sought to be terminated on account of the closure of the Corporation shall be continued in service on the same terms and conditions either in the governmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e respondent-Corporation and the State Government. In the present case the Government of India had clearly averred that it had nothing to do with the State Trading Corporation and there was no relationship of master and servant between the petitioners and the Government of India and, therefore, the Government of India was not in any manner concerned with the closure of the Leather Garment unit of the State Trading Corporation and the consequences thereof. Mr. Usgaonkar rightly emphasised that the decision on which the High Court had relied could not be treated as a precedent and in support of this contention he drew our attention to a Constitution Bench Judgment in the case of Krishena Kumar v. Union of India . In paragraphs 18 and 19 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s that the provisions of this Chapter shall apply to an industrial establishment in which not less than one hundred workmen were employed on an average per working day for the preceding twelve months. In the instant case, we find that the strength of the workmen employed in the unit is not shown to be above one hundred. On the contrary, it is shown to be 28 only. Therefore, Section 25O may not come into play. Counsel for the State Trading Corporation also stated that notwithstanding the same, the workmen, had been paid compensation under Section 25FFF. Counsel for the workmen stated that some of them have not accepted the compensation. That is a different matter altogether. If the compensation has been offered and not accepted, one cannot f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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