SAT DW Contract PWD Terminate Without IDA


Application under Section 19 of the Administrative Tribunals Act, 1985Section 19 in The Administrative Tribunals Act, 1985

19. Applications to Tribunals.—
(1) Subject to the other provisions of this Act, a person aggrieved by any order pertaining to any matter within the jurisdiction of a Tribunal may make an application to the Tribunal for the redressal of his grievance. Explanation.—For the purposes of this sub-section, “order” means an order made—
(a) by the Government or a local or other authority within the territory of India or under the control of the Government of India or by any corporation 45 [or society] owned or controlled by the Government; or
(b) by an officer, committee or other body or agency of the Government or a local or other authority or corporation 45 [or society] referred to in clause (a).
(2) Every application under sub-section (1) shall be in such form and be accompanied by such documents or other evidence and by such fee (if any, not exceeding one hundred rupees) 46 [in respect of the filing of such application and by such other fees for the service or execution of processes, as may be prescribed by the Central Government].
47 [(3) On receipt of an application under sub-section (1), the Tribunal shall, if satisfied after such inquiry as it may deem necessary, that the application is a fit case for adjudication or trial by it, admit such application; but where the Tribunal is not so satisfied, it may summarily reject the application after recording its reasons.]
(4) Where an application has been admitted by a Tribunal under sub-section (3), every proceeding under the relevant service rules as to redressal of grievances in relation to the subject-matter of such application pending immediately before such admission shall abate and save as otherwise directed by the Tribunal, no appeal or representation in relation to such matter shall thereafter be entertained under such rules.
SAT DW Contract PWD Terminate Without IDA
industrial dispute act 
25F. Conditions precedent to retrenchment of workmen.- No workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until--
(a) the workman has been given one month' s notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice:
the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days' average pay 2 for every completed year of continuous service] or any part thereof in excess of six months; and
(c) notice in the prescribed manner is served on the appropriate Government 3 or such authority as may be specified by the appropriate Government by notification in the Official Gazette].

the applicant further declares that the application is within the limitation prescribed in section 21 of the Administrative Tribunals Act, 1985.constructions of roads and buildings, their maintenance etc and as such comes under the definition of Industrial Establishment or undertaking in terms of Section 2 (ka) of the Industrial Disputes Act. As such with regard to retrenchment of the services of the workmen employed in the respondent department, the provisions as laid down in Section 25-F of the Industrial Disputes Act are attracted and the same are to be complied with in toto by the respondent department before having resort to the termination of the services of the workmen, skilled or un-skilled 


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